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Casamento no exterior -- recognition in Brazil

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Saudades

Hello there, I have residency in Brazil on the basis of união estável. I married my Brazilian partner last month in my home country where there is no Brazilian embassy. Marriage was religious and civil at the same time. Now we have our marriage certificate in hand with apostille from Foreign Affairs. We went to start recognition procedure at ERERIO but they said they need to have Brazil representation abroad to certify it first.

Why is this? Could someone guide me please?

James

Brazil does not have Embassies or Consulates in some nations, sometimes for political reasons, but in many cases economic reasons. I would suggest that you contact the Consulado-Geral do Brasil in the nearest country and see if they can register the marriage there.

Cheers,
William James Woodward, EB Experts Team

Saudades

OK William, thanks. I'll check with Rome.
I've had such terrible experience with this papelada!

Saudades

Hi again, I have another question. What would you say to the proposition of putting aside the recognition my marriage certificate and instead opting to remarry  my same husband civilly in Brazil? Do you know if and how that would work out? Thanks

James

While it would certainly resolve your problem, the process of a foreigner marrying in Brazil is far more bureaucratic and requiring much more documentation that a simple recognition of an existing marriage that has taken place abroad would be. Also, since you're already married now, how would you go about meeting the legal requirement of producing a "Single Certificate" or "Declaration of non-impediment"? I think in your particular case trying to get re-married here in Brazil would be a legal nightmare.

Cheers,
William James Woodward, EB Experts Team

Saudades

Hmmm, true. But since I lost residency in my home country and thus they are unable to furnish a single-status certificate for me, legally, I am still unmarried in Brazil, hence a declaration stating that I have not contracted in Brazil would still hold true.
Just for the record, of course, I have no intention to be bigamous. I just want to exhaust all my options because this recognition is just as long-winded. If you have heard of anyone who has done this kindly raise a hand, I'd love to hear your stories :-)
By the way, just to inform the forum, Maltese and nationals from Republic of Monaco would have to take recourse to the Consulado-Geral do Brasil in Rome for counter-legalisation of certificates before attempting to get recognition of the said certificates in Brazil. This is the only Consulado-Geral which recognises papers emitted by the said two countries, and Italy too of course.
Thanks Wil

James

Unfortunately, one needs some kind of official government document stating that you are single. I believe that some Cartórios will accept notarized, consular legalized and translated affidavits from two individuals who have known you for two years stating that there is no impediment, but that's NOT universal here. Cartórios in Brazil all make their own rules as they go along.

cupofjoe

I've even read some people lucking out with the Cartório being happy with just swearing that you're single in front of them.

I wouldn't count on this though. If you're already in the area, it's worth a shot.

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