Brazilian Family & Succession Law
for International Clients
Do You Need a Brazilian Lawyer?
Many people are surprised to learn that, in certain family and inheritance matters, only a Brazilian court has jurisdiction — even when no family member resides in Brazil any longer. If any of the situations described below apply to you, it is very likely that you require legal representation in Brazil:
Inheritance & Estate in Brazil
A relative has died leaving property, bank accounts, shares, or other assets situated in Brazil — regardless of where the deceased resided or their nationality.
Divorce Involving Brazilian Assets
You are in divorce proceedings (or have already been granted a decree absolute abroad) and there are properties, businesses, or financial assets in Brazil requiring division.
Child Arrangements & International Relocation
Your child lives in Brazil, or a dispute concerning child arrangements involves a parent residing in Brazil, or one parent wishes to relocate the child to another country.
International Maintenance
You need to recover maintenance from a parent who lives in Brazil, or you are being asked to pay maintenance under Brazilian law whilst residing abroad.
Marrying a Brazilian Citizen
You are planning to marry a Brazilian national and wish to have a prenuptial agreement that is valid in both jurisdictions, or you need to formalise a stable union (união estável).
Recognition of Foreign Orders
You hold a divorce decree, child arrangements order, or succession ruling from another country and need it recognised and enforced in Brazil through the Superior Court of Justice (STJ).
When Does Brazilian Law Apply? Understanding Jurisdiction
Brazilian law distinguishes between matters in which Brazilian courts possess exclusive jurisdiction (no foreign court order can substitute for a Brazilian one) and matters in which they possess concurrent jurisdiction (you may litigate in Brazil or abroad). Understanding this distinction is essential, as choosing the wrong forum may leave you with an order that is unenforceable precisely where it matters most.
Exclusive Jurisdiction of Brazilian Courts
In the following situations, only a Brazilian court may determine the matter. A foreign court order will not be recognised in Brazil:
- Succession and partition of assets situated in Brazil — even if the deceased was a foreign national or resided abroad, immovable property, bank accounts, and other assets situated on Brazilian territory must be dealt with before a Brazilian probate court (inventário).
- Division of immovable property situated in Brazil in cases of divorce, dissolution of a stable union, or separation — the ancillary relief relating to the property, where that property is in Brazil, must take place in Brazil.
- Confirmation of a will (where assets are in Brazil) — testamentary succession in respect of 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 commence proceedings in Brazil if any of the following applies:
- The respondent (the other party) is domiciled in Brazil, irrespective of nationality.
- The obligation is to be performed in Brazil (for example, maintenance payable in respect of a child residing in Brazil).
- The matter arises from a fact that occurred or an act carried out in Brazil.
- Maintenance claims where the creditor (the person to whom maintenance is owed) 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 where a Brazilian court has jurisdiction, the applicable law depends on the nature of the matter:
- Marriage and personal status: governed by the law of the country in which the person is domiciled.
- Matrimonial property regime: determined by the law of the first matrimonial domicile of the spouses.
- Succession (inheritance): governed by the law of the country in which the deceased was domiciled at the date of death — save that where Brazilian law is more favourable to a Brazilian spouse or Brazilian children, Brazilian law applies to assets situated in Brazil. This is a constitutional safeguard.
Legal basis: Law of Introduction to Brazilian Law Rules (LINDB), Articles 7 and 10; Federal Constitution, Article 5, XXXI.
Areas of Practice
Our firm is dedicated to family law, succession law, and international law, with particular expertise in cross-border cases.
Family Law
- International divorce and dissolution of stable union (união estável)
- Child arrangements, contact, and parental responsibility
- International maintenance — enforcement and defence
- Parental alienation cases (Brazilian Law 12,318/2010)
- International child abduction (Hague Convention 1980)
- Prenuptial and postnuptial agreements valid in Brazil
- Recognition in Brazil of foreign marriages, divorces, and civil partnerships
- Adoption and step-parent adoption
Succession & Estate Law
- Probate proceedings (inventário) in respect of assets situated in Brazil
- Estate planning for binational families and dual-nationality heirs
- Drafting and confirmation of wills under Brazilian law
- Disputes amongst heirs, including foreign heirs of Brazilian estates
- Recognition and enforcement in Brazil of foreign succession orders
- Tax and registration matters connected with inheritance (ITCMD, land registry)
How We Work with International Clients
Full English Communication
All consultations, instructions, case updates, and correspondence are conducted in English — via WhatsApp and video conference. We translate Brazilian legal concepts into clear, practical language so that you are always fully informed of the progress of your matter.
Power of Attorney from Abroad
You need not travel to Brazil. We guide you through the preparation of a power of attorney at a Brazilian consulate or by means of the Hague Apostille procedure.
Document Translation & Apostille
We coordinate sworn translation (tradução juramentada) and apostille procedures for foreign documents that are required to take effect in Brazil.
Remote Consultations
Initial and follow-up consultations take place by video conference, accommodating the various time zones across the Americas, Europe, and Asia.
Nationwide Coverage
Although our office is situated in Porto Alegre (Rio Grande do Sul), we represent clients in every Brazilian state, coordinating local procedures wherever assets or family members are located.
Transparent Fees
All fee arrangements are set out in writing before any engagement commences. We work on fixed fees, hourly rates, or conditional fee arrangements depending on the nature of the case.
About Juliano Trindade
Juliano Trindade is a Brazilian lawyer registered with the Brazilian Bar Association, Rio Grande do Sul section (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 work. He is the author of academic publications on parental alienation and Brazilian family law, and delivers lectures on cross-border family matters.
The firm serves clients throughout Brazil and abroad, with particular focus on matters involving Brazilian nationals residing in the United States, Europe, and other jurisdictions, as well as foreign nationals with legal interests in Brazil.
Frequently Asked Questions
May I communicate with the lawyer in English?
Yes. Every consultation and item of correspondence may be conducted entirely in English, via WhatsApp and video conference. We ensure that language never presents a barrier to your access to legal services in Brazil.
Must I travel to Brazil to instruct a lawyer or manage my case?
No. The vast majority of our international clients never travel to Brazil during the course of their matter. A properly executed power of attorney — prepared at a Brazilian consulate or by means of the Hague Apostille — enables us to represent you in full.
My divorce has already been granted abroad. Do I still need to take steps in Brazil?
If you own assets in Brazil, were married to a Brazilian citizen, or wish your foreign decree absolute to have legal effect in Brazil (for remarriage, change of name, or property transactions), the foreign order must ordinarily be recognised by the Superior Court of Justice (STJ) or, in certain cases, entered directly upon the Brazilian civil register. We attend to both procedures.
A relative who lived abroad has died and left assets in Brazil. What should I do?
The Brazilian assets must be dealt with through a Brazilian probate proceeding (inventário) — this is compulsory and exclusive under Brazilian law, irrespective of where the deceased lived or whether a will was made abroad. Where all heirs are in agreement and there are no minor or incapacitated heirs, the process may often be completed administratively (without a court hearing).
I am about to marry a Brazilian citizen. Do I need a prenuptial agreement?
Brazilian law provides for a default matrimonial property regime (partial community of assets) which applies automatically in the absence of a prenuptial agreement. If you wish to adopt a different regime — in particular to protect pre-marital assets or to harmonise matters with the law of your home jurisdiction — a prenuptial agreement (pacto antenupcial) is indispensable and must be drawn up by a Brazilian notary before the ceremony.
How much will my case cost?
This depends entirely upon the complexity and nature of the matter. Following an initial consultation, you will receive a written fee estimate on a no-obligation basis. Many family and succession matters can be handled on a fixed-fee basis, affording you certainty from the outset.
Arrange a Consultation
Every international family law or succession matter is unique. We invite you to arrange a confidential initial consultation to discuss your circumstances and understand the options available to you under Brazilian law.
Consultations are conducted via WhatsApp or video conference, in English.
WhatsApp: +55 0800-999-9100
E-mail: contato@julianotrindade.com.br
Website: www.julianotrindade.com.br
Chambers: Av. Praia de Belas, 1212, Office 424 — Porto Alegre/RS, Brazil
The information on this page is provided for general informational purposes only and does not constitute legal advice or give rise to a lawyer–client relationship. Specific legal matters require individualised analysis. Juliano Trindade Sociedade Individual de Advocacia (OAB/RS 53,574 — CNPJ 58.013.492/0001-30) complies with the ethics rules of the Brazilian Bar Association (OAB) governing professional communications.