Brazilian Family & Succession Law for International Clients

Juliano Trindade — Attorney Specializing in Family Law, Succession Law & International Law

Whether you are a foreign national with assets, family, or legal matters in Brazil, or a Brazilian citizen living abroad, we provide trusted legal counsel in divorce, child custody, alimony, inheritance, and prenuptial agreements under Brazilian law. Over 24 years of experience. Clients served worldwide.

Full service in English: you can consult with us via WhatsApp and video conference entirely in English — fluent communication throughout the entire process, no language barriers.Contact via WhatsApp
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Do You Need a Brazilian Attorney?

Many people are surprised to learn that, in certain family and inheritance matters, only a Brazilian court has jurisdiction — even when no one in the family lives in Brazil anymore. If any of the situations below apply to you, you likely need legal representation in Brazil:

Inheritance & Estate in Brazil

A relative passed away leaving real estate, bank accounts, shares, or other assets located in Brazil — regardless of where the deceased lived or their nationality.

Divorce Involving Brazilian Assets

You are divorcing (or already divorced abroad) and there are properties, businesses, or financial assets in Brazil that need to be divided.

Child Custody & International Relocation

Your child lives in Brazil, or a custody dispute involves a parent residing in Brazil, or one parent wishes to relocate a child internationally.

International Child Support

You need to collect child support from a parent who lives in Brazil, or you are being asked to pay support under Brazilian law from abroad.

Marrying a Brazilian Citizen

You are planning to marry a Brazilian national and want a prenuptial agreement valid in both jurisdictions, or you need to formalize a stable union (união estável).

Recognition of Foreign Judgments

You have a divorce decree, custody order, or inheritance ruling from another country and need it recognized and enforced in Brazil through the Superior Court of Justice (STJ).

When Does Brazilian Law Apply? Understanding Jurisdiction

Brazilian law distinguishes between matters where Brazilian courts have exclusive jurisdiction (no foreign court ruling can substitute a Brazilian one) and matters where Brazilian courts have concurrent jurisdiction (you may proceed either in Brazil or abroad). Knowing the difference is critical, because choosing the wrong forum can leave you with a judgment that cannot be enforced where it actually matters.

Exclusive Jurisdiction of Brazilian Courts

In the following situations, only a Brazilian court can decide the matter. A foreign court ruling will not be recognized in Brazil:

• Inheritance and partition of assets located in Brazil — even if the deceased was a foreign national or lived abroad, real estate, bank accounts, and other assets situated in Brazilian territory must be processed through a Brazilian probate court (inventário).
• Division of real estate located in Brazil in cases of divorce, dissolution of stable union, or separation — the property division portion, when the property is in Brazil, must occur in Brazil.
• Confirmation of a will (when assets are in Brazil) — testamentary succession over Brazilian assets follows Brazilian procedure.

Legal basis: Brazilian Code of Civil Procedure (CPC/2015), Article 23.

Concurrent Jurisdiction — You May Choose Brazil or Another Country

In these cases, Brazilian courts share jurisdiction with foreign courts. You may file in Brazil if any of the following applies:

• The defendant (the other party) is domiciled in Brazil, regardless of nationality.
• The obligation must be performed in Brazil (for example, child support to be paid to a child residing in Brazil).
• The matter arises from a fact that occurred or an act practiced in Brazil.
• Alimony claims where the creditor (the person owed support) resides in Brazil.
• Consumer-related matters where the consumer is domiciled in Brazil.

Legal basis: CPC/2015, Articles 21 and 22.

Which Law Applies? Substantive Rules

Even when a Brazilian court has jurisdiction, the law it applies depends on the matter:

• Marriage and personal status: governed by the law of the country where the person is domiciled.
• Marital property regime: determined by the law of the first marital domicile of the spouses.
• Succession (inheritance): governed by the law of the country where the deceased was domiciled at the time of death — except when Brazilian law is more favorable to a Brazilian spouse or Brazilian children, in which case Brazilian law applies to assets located in Brazil. This is a constitutional protection.

Legal basis: Law of Introduction to Brazilian Law Rules (LINDB), Articles 7 and 10; Federal Constitution, Article 5, XXXI.

Areas of Practice

Our firm focuses on family law, succession law, and international law, with particular experience in cross-border cases.

Family Law

• International divorce and dissolution of stable union (união estável)
• Child custody, visitation rights, and parental authority
• International child support (alimony) — collection and defense
• Parental alienation cases (Brazilian Law 12,318/2010)
• International parental child abduction (Hague Convention 1980)
• Prenuptial and postnuptial agreements valid in Brazil
• Recognition of foreign marriages, divorces, and civil unions in Brazil
• Adoption and stepparent adoption

Succession & Estate Law

• Probate proceedings (inventário) for assets located in Brazil
• Estate planning for binational families and dual-citizen heirs
• Drafting and confirmation of wills under Brazilian law
• Disputes among heirs, including foreign heirs of Brazilian estates
• Recognition and enforcement of foreign succession judgments in Brazil
• Tax and registry matters connected to inheritance (ITCMD, real estate registration)

How We Work with International Clients

Full English Communication

All consultations, contracts, case updates, and correspondence are conducted in English — via WhatsApp and video conference. We translate Brazilian legal concepts into clear, practical language so you always know exactly where your case stands.

Power of Attorney from Abroad

You do not need to travel to Brazil. We guide you through preparing a power of attorney at a Brazilian consulate or through the Hague Apostille procedure.

Document Translation & Apostille

We coordinate sworn translation (tradução juramentada) and apostille procedures for foreign documents that need to take effect in Brazil.

Remote Consultations

Initial and follow-up consultations are conducted by video conference, accommodating different time zones across the Americas, Europe, and Asia.

Nationwide Coverage

Although our office is in Porto Alegre (Rio Grande do Sul), we represent clients in all Brazilian states, coordinating local procedures wherever assets or family members are located.

Transparent Fees

Fee arrangements are presented in writing before any engagement begins. We work with fixed fees, hourly billing, or contingency fees depending on the type of case.

About Juliano Trindade

Juliano Trindade is a Brazilian attorney registered with the Brazilian Bar Association of Rio Grande do Sul (OAB/RS No. 53,574), with over 24 years of dedicated practice in family and succession law and more than 50,000 hours of legal practice. He is the author of academic publications on parental alienation and Brazilian family law, and lectures on cross-border family matters.

The firm serves clients throughout Brazil and abroad, with particular focus on cases involving Brazilians residing in the United States, Europe, and other jurisdictions, as well as foreign nationals with legal interests in Brazil.

Frequently Asked Questions

Can I communicate with the attorney in English?

Yes. Every consultation, phone call, and written communication can be conducted entirely in English — via WhatsApp and video conference. We ensure that language is never a barrier to your access to legal services in Brazil.

Do I need to come to Brazil to hire an attorney or handle my case?

No. The vast majority of our international clients never travel to Brazil during their case. A properly executed power of attorney — prepared at a Brazilian consulate or through the Hague Apostille procedure — allows us to represent you fully.

My divorce was already granted abroad. Do I still need anything in Brazil?

If you own assets in Brazil, were married to a Brazilian citizen, or wish your foreign divorce to have legal effects in Brazil (for remarriage, name change, property transactions), the foreign judgment generally must be recognized through the Superior Court of Justice (STJ) or, in some cases, directly registered before a Brazilian civil registry. We handle both procedures.

A relative who lived abroad died and left property in Brazil. What now?

The Brazilian assets must go through a Brazilian probate (inventário) — this is mandatory and exclusive under Brazilian law, regardless of where the deceased lived or whether a will was granted abroad. The process can often be completed administratively (without a court hearing) when all heirs agree and there are no minor or incapacitated heirs.

I am marrying a Brazilian citizen. Do I need a prenuptial agreement?

Brazilian law has a default marital property regime (partial community of assets) that applies automatically unless a prenuptial agreement is signed before the marriage. If you want a different arrangement — particularly to protect premarital assets or to align with the law of your home state — a prenuptial agreement (pacto antenupcial) is essential, and it must be drafted by a Brazilian notary before the wedding.

How much will my case cost?

This depends entirely on the complexity and type of matter. After an initial consultation, you will receive a written fee proposal with no obligation. Many family law and probate cases can be handled under fixed-fee arrangements, providing predictability from the start.

Schedule a Consultation

Every international family law or succession matter is unique. We invite you to schedule a confidential initial consultation to discuss your situation and understand your options under Brazilian law.

Consultations are conducted via WhatsApp or video conference, in English.

WhatsApp: +55 0800-999-9100
Email: contato@julianotrindade.com.br
Website: www.julianotrindade.com.br
Office: Av. Praia de Belas, 1212, Suite 424 — Porto Alegre/RS, Brazil

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