- Homologation of a foreign judgment in the Superior Court of Justice and its implementation in the respective judicial section proceedings;
- Homologation of a foreign judgment of divorce;
- Homologation of the arbitration judgments;
- Monitoring the processing of Letters Rogatory to the Superior Court to order the “exequatur” with compliance;
Foreign Sentence in divorce cases – Is It really necessary to validate in the Superior Court of Justice in Brazil?
The approval of foreign sentences by the Superior Court of Justice has two main objectives in the internal scope, namely; firstly, assign the foreign sentence enforceability and secondly ensuring that the sentence is strong and ensure that it cannot be changed. In the specific cases of foreign sentences relating to divorces, we highlight some problems experienced by Brazilians, who don’t endorse their sentences handed down abroad:
- unable to contract new marriage, since, as the sentence was not recognized by the Brazilian Government, the person is still legally married. If you decide to contract a new marriege under those conditions, it will, according to the Brazilian legislation, be considered as a practice of the crime of bigamy, criminal offence provided for in Article 235 of the Decree Law 2,848/40 Brazilian Penal Code; This also means that to remarry abroad and try to validate the new marriage in Brazil, one risk the same crime of bigamy;
- configure divergence on personal documentation regarding marital status, which may preclude a series of simple civil acts as: open a bank account, signing a contract, obtaining visas and passports and so on. In the case of the women, to marry and take the name of the spouse (former spouse in this case), even if the marriage has not been registered in Brazil, at the time of obtaining new documents or a second copy of passport, one can face possible complications with consulates and other federal agencies and departments.
- failure to implement the terms signed in the text of the foreign sentence deciding about existing assets in Brazil, foods and guardianship;
- issues related to inventory and buying and selling real estate;
- as the divorce is not valid in Brazil, the spouses may still incur debt that, in accordance with the laws on marriage, can become solidary debtors;
Because of this an approval of the divorce sentence granted abroad is required in order to exercise a full Brazilian citizenship without complications. After delivery of relevant documentation the maximum frame we set for finalization the process is up to 4 months. For further information please contact us by the phone or through the available contact options.
Approval of foreign sentence and execution process
Any sentence rendered by a foreign court or judge will only be effective in Brazil after its approval by the Superior Court. The purpose of ratifying the proceedings at the Superior Court is precisely to recognize the legal effects of a foreign sentence according to Brazilian law.