Gringoes.com: Documents for getting married in Brazil

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AnaLuz
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Topic: Documents for getting married in Brazil
Posted: 17 April 2006 at 16:18

Hello,

I am an American, currently in Brazil, and wanting to get married to my Brazilian boyfriend. I know which documents I need but have some questions.

1. How do I get the "Declaracao de Solteira"?

2. Can I translate the birth certificate and passport myself? Do I have to get the translations notarized?

3. How do I go about the pre-nuptial agreement process, required for the "separation of goods" marriage?

4. Will the pre-nuptial we work out here be valid if we move to the states or another country?

Thanks much for any ideas or help. And if any of this information has already been posted on another page, please just direct me there.

Ann

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Russell
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Posted: 17 April 2006 at 16:25

1. I got mine from my embassy, although I'm from the UK.

2. I'm pretty sure you can't translate yourself, but check with the Cartorio.

3. You need to go to a type of Cartorio that specialises in them. Ask at your local Cartorio and they should be able to recommend somewhere.

4. I guess it will depend on country law, but I doubt for most if any country it will be valid.

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Jose C Santiago
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Posted: 17 April 2006 at 19:59

Analuz,

1.You will submit an affidavit, that can be done by you, but it will have to be registered and authenticated by the Registry.

2. No, it should be done by a sworn or certified translator.

3. You should always get one, in Brazil is cheap and there isn't the requirement of the "Full Disclosure" like there is in the US.

4.Yes, if properly done and valid, it can be enforced in the US, just like your marriage will be enforceable and recognized there, should you guys move to the US later on.

I hope this helps.

Should you need more info, feel free to PM me.

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AnaLuz
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Posted: 18 April 2006 at 23:59

Thank you for the tips. Very helpful.

I took a veeerrryy long bus ride to the US Consulate in Sao Paulo today to try to get my "single status declaration"...only to find that they don't attend to such matters on Tuesdays...

Does anyone know if there is a way to get this without going to through the consulate? Jose, you mentioned doing an affidavit myself. What should I say? Should it be in English or Portuguese? And how do I get it registered and authenticated?

Thanks again. Ann

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Jose C Santiago
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Posted: 19 April 2006 at 12:05

As far as the declaração de solteira if you only speak English you have no option but to go to the Consulate. If you speak a little Portuguese you could go to a registry and file an affidavit in Portuguese before a notary. That can become expensive if the notary attest that you don´t speak Portuguese and ask for a sworn translator. Call the registry and ask before hand.

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AnaLuz
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Posted: 19 April 2006 at 12:09

Hi Jose,

Thanks. Yes, I do speak Portuguese. So do I write the affidavit myself before I go? and then sign it at the registry? And is the registry the same as the Cartorio? Or what do you call a registry in Portuguese? Oh, and do I write the affidavit in Portuguese or English?

Thanks again, Ann

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Jose C Santiago
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Posted: 19 April 2006 at 12:13

Registry=Cartório

The easiest way, call the cartório near you. They will help you out. Each cartório has a different procedure and a different sample of this affidavit.

Good luck!

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AnaLuz
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Posted: 20 April 2006 at 11:37

Thanks again, Jose.

In case any one else is checking this topic for info, here is what I found out:

Yes, you can get your "declaracao de solteira" at a cartorio. There are different kinds of cartorios and you will need to go to a Cartorio de Notas. Some require witnesses, some don't. As Jose said, I'm pretty sure you have to speak Portuguese. I checked around and the standard price now is 213 R. I was hoping that it would be cheaper so when I found out the price, I went to get mine at the consulate instead ($30 USD and they accept reais, US dollars and credit cards). It was quick and painless (except for the bus ride there and back). It's ridiculous, of course, because all you do is swear you are not married; they have no way of actually checking.

Also, the US Consulate in Brazil has a pretty helpful web site on getting married in Brazil that explains how to get the various documents and also has a list of lawyers and translators by state. (However, it seems the process varies a little from cartorio to cartorio, so you may not need everything this site tells you.)

http://www.embaixada-americana.org.br/index.php?action=mater ia&id=1102&submenu=usembassy.php&itemmenu=58

You are required to have an original birthcertificate (or perhaps a notarized copy?). I am running into problems with that because I only have a regular photo copy with me. At some point in the process of marriage, you are required to have all your documents certified at yet another type of cartorio (Cartorio de Titulos e Documentos) and I am told there is no way they will certify a photocopy of a birth certificate.

I've heard different things about the pre-nup. Some say you need a lawyer, some say you can do it yourself at another type of cartorio...

I'm beginning to suspect the whole process is designed to test your motivation to get married. If you can make it through this maze with intentions still intact, then you are considered considerably persistent to handle marriage.

Ann

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Russell
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Posted: 20 April 2006 at 11:45

Originally posted by AnaLuz

Yes, you can get your "declaracao de solteira" at a cartorio. There are different kinds of cartorios and you will need to go to a Cartorio de Notas. Some require witnesses, some don't. As Jose said, I'm pretty sure you have to speak Portuguese. I checked around and the standard price now is 213 R. I was hoping that it would be cheaper so when I found out the price, I went to get mine at the consulate instead ($30 USD and they accept reais, US dollars and credit cards). It was quick and painless (except for the bus ride there and back). It's ridiculous, of course, because all you do is swear you are not married; they have no way of actually checking.

Interesting to know in terms of prices. I got mine from the UK embassy (as a UK resident of course) and it was relatively cheap, similar to the US embassy cost. The UK embassy did some checking via a computer though though that I wasn't married, although I'm not sure exactly what they were tapping into. I'm not aware of any marriage registry, but perhaps something related to electoral registration.

I guess it's more a formality, and Brazil loves its formalities!

Originally posted by AnaLuz

You are required to have an original birthcertificate (or perhaps a notarized copy?). I am running into problems with that because I only have a regular photo copy with me. At some point in the process of marriage, you are required to have all your documents certified at yet another type of cartorio (Cartorio de Titulos e Documentos) and I am told there is no way they will certify a photocopy of a birth certificate.

I guess I'm lucky I had an original. Again Brazilian procedures are typically sticklers for documents and originals at that. Can be a nightmare for those who don't have them.

Originally posted by AnaLuz

I've heard different things about the pre-nup. Some say you need a lawyer, some say you can do it yourself at another type of cartorio...

I definitely had my done at a cartorio. It needs to be a special cartorio though, but as mentioned before I'm sure your local cartorio can point out somewhere that does this (I'm sure half the Brazilian workforce must be employed in cartorios! ).

The biggest issue I had throughout, including getting the prenup completed, was that the name on my passport had one less middle name than my birth certificate.

Originally posted by AnaLuz

I'm beginning to suspect the whole process is designed to test your motivation to get married. If you can make it through this maze with intentions still intact, then you are considered considerably persistent to handle marriage.

I was lucky that my wife sorted all this out, but based on the divorce rate in other areas of the world I can't help but think the marriage process here is actually a good idea. The cooling off period and the pre nup are both sensible.

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AnaLuz
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Posted: 20 April 2006 at 11:57

Hi Russell,

I'm curious to hear more about your pre-nup experience. Is it a standard form or did you have to write out your own contract? Did it seem reasonable? How long did it take?

I think it's great that they have the pre-nup thing built right into marriage here, with the three options!

Ann

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