Family Law in Brazil
Family law in Brazil encompasses legal matters related to marriage, divorce, child custody, and inheritance. The primary legislation governing these areas is the Brazilian Civil Code (Law No. 10.406/2002), which has been in force since January 2003.
Marriage
The legal minimum age for marriage without parental consent is 18 for both women and men. The average age at first marriage is 22.6 years for women and 25.3 years for men. Historically, the husband was considered the legal head of the family, but the current Civil Code promotes gender equality, assigning equal rights and responsibilities to both spouses.
Divorce
Divorce became legal in Brazil in 1977. Initially, it required a separation period, but the 66th amendment to Brazil's Constitution, passed in 2010, removed the prior requirement of separation before a divorce could take place. Since January 2007, Brazilian couples can request a divorce at a notary's office if they have no disputed property and no minor or special-needs children, simplifying the process.
Child Custody and Support
Child custody in Brazil is primarily governed by the Civil Code and the Statute of the Child and Adolescent (Law No. 8.069/1990). The child's best interests are the paramount consideration in determining custody and support arrangements. These laws apply to all children residing in Brazil, irrespective of their parents' nationality.
Same-Sex Unions
In 2011, the Supreme Federal Court recognized same-sex civil unions, granting them the same 112 rights as different-sex marriages, including adoption, inheritance, and pension rights.
International Considerations
For international family law matters involving Brazil, such as international divorces, child custody disputes, and inheritance cases, specialized legal assistance is advisable. Law firms like Botinha & Cabral have been assisting foreigners and Brazilians abroad with family matters in Brazil since 1999.
Given the complexities of family law in Brazil, consulting with legal professionals experienced in Brazilian family law is recommended to navigate specific circumstances effectively.
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