Seeking Advice on International Divorce Process (UK/Brazil)

Last activity 01 October 2024 by jc1234

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planetf11New member20 September 2024 23:01:10

Hi everyone,

I'm a British national married to a Brazilian woman for nearly two years (since December 2022). Unfortunately, we have been separated for about 6 months now, and I'm looking to begin the divorce process. There's a bit of a disagreement on where it should happen: I want it to take place in Brazil, as we got married here, but she prefers the UK, as she plans to move there.

When we got married, I signed a Separação Total de Bens (separation of assets), but I'm unsure if that agreement would hold up in the UK if the divorce happens there. I own a few properties and stocks in the UK, so I'd rather avoid that jurisdiction for the divorce.

I’m considering the following options:

Start the divorce process here in Brazil as soon as possible.
Move back to the UK without leaving a trace (a bit extreme, I know).
Other suggestions?

Any advice on how to proceed or insights on the enforceability of Separação Total de Bens in the UK would be greatly appreciated. Thank you in advance!

Peter ItamaracaSerial expat21 September 2024 10:26:39

744

@planetf11

I would suggest it is pretty obvious that she wants to get her hands on some of your assets in the UK.

Brazilian regimes are not recognised under UK law, so you would have no protection, and you definitely want to get divorced in the country where you got married... Brazil.

abthreeBrazil expert21 September 2024 18:01:03

5844

09/21/24 @planetf11. Strong second to @Peter Itamaraca's take: get your divorce in the same place you got married, if you want the property settlement agreed between the two of you to continue in effect. From what you've written, it's hard to see any upside to putting yourself at a legal disadvantage.

alan279Serial expat22 September 2024 00:14:54

463

@planetf11 As always, I would suggest that you consult your attorney on legal issues. Or your bartender. Or maybe the guy at the end of the bar with seven ex-wives.

If you've chosen door #3, I have a couple of questions for you:

1. Do you have any assets or income in Brazil?

2. Can your soon-to-be ex-wife afford a divorce in the UK?

abthreeBrazil expert22 September 2024 13:59:25

5844

09/22/24 @alan279. A Brazilian judge will enforce a properly drafted and registered "Separação Total de Bens" in a divorce; if the divorce is uncontested, a cartório can complete it without reference to a judge, and again, will honor the Regime de Bens as documented.

Most English-speaking jurisdictions recognize a doctrine of Unconscionability (or Unconscionable Dealing/Conduct); in Illinois where we were married it is applied quite stringently, and influences the drafting of all pre-nups. Depending on its content and the local law where the divorce is brought, a Regime de Bens that is perfectly acceptable under Brazilian law could be found unconscionable in a common law court and thrown out.

Before @planetf11 agrees to divorce in Britain, he should establish with an English lawyer (or a Scottish one, if Scots Law will apply) that the "Separação Total de Bens" as registered in Brazil will be honored in that forum.

jc1234Active member01 October 2024 00:44:13

Ofcourse she wants a UK visa which puts you with financial responsibility

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