Extrajudicial Divorce at a Notary Office: Requirements and Documents

Extrajudicial divorce at a notary office streamlines the dissolution of civil marriage through a public deed, requiring consensus, an attorney, and no unresolved issues regarding minors.

Por Notarial Drafting Team of the 5th Notary Office of Recife — Technical and Legal Notarial Drafting · 5º Tabelionato de Notas de Recife

Context Note: This content describes Brazilian notary law and procedures.

Title

Requirements and Necessary Documentation for Extrajudicial Divorce at a Notary Office

Requirements and Necessary Documentation for Extrajudicial Divorce at a Notary Office

This article answers

  • Who is entitled to get an extrajudicial divorce at a notary office?
  • What are the legal requirements for a divorce at a notary office?
  • What documents are required for a divorce at a notary office?
  • Is an attorney required for a divorce at a notary office?
  • How do asset division and alimony work in an extrajudicial divorce?

FAQ

Who is entitled to get an extrajudicial divorce at a notary office?

Any civilly married couple who agrees on the termination of the union and the terms of separation is entitled. The procedure requires consensus and the assistance of an attorney or public defender.

What are the legal requirements for a divorce at a notary office?

The main requirements are total consensus between the parties, the absence of minor or unemancipated legally incapacitated children (unless custody and support issues have already been resolved in court), and the assistance of a qualified attorney.

What documents are required for a divorce at a notary office?

Required documents include official photo IDs (RG and CPF), an updated marriage certificate (issued within the last 90 days), a prenuptial agreement (if applicable), proof of residence, and documents of the assets to be divided.

Is an attorney required for a divorce at a notary office?

Yes. The presence and signature of an attorney or public defender are mandatory legal requirements. The attorney may represent both parties jointly, or each spouse may have their own legal counsel.

How do asset division and alimony work in an extrajudicial divorce?

Asset division and spousal support are consensually set forth in the public deed itself. If there is an unequal transfer of property without financial compensation, state tax (ITCMD or ITBI) may apply and must be settled prior to execution.

Base legal

  • provimento_cnj 149 2023 — Provimento CNJ nº 149/2023
  • lei_federal 10.406 2002 — Lei nº 10.406/2002
  • lei_federal 8.935 1994 — Lei nº 8.935/1994
  • lei_federal 11.441 2007 — Lei nº 11.441/2007
  • codigo 10.406 2002 — Lei nº 10.406/2002 — Código Civil
  • codigo 10.406 2002 — Lei nº 10.406/2002 — Código Civil

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