Yes, the marriage of a Brazilian celebrated abroad is valid in Brazil as long as the ceremony was valid in the country in which it was celebrated, meeting all formal requirements according to that legislation. Thus, marriages performed, for example, in Las Vegas, a location recognized for the few formalities required, or in any other place, including tribal ceremonies, as long as recognized and valid in the countries where they were celebrated, will be equally valid in Brazil. The requirements regarding the spouses’ capacity, impediments, or any conditions for the marriage to take place will follow the law of the place of marriage celebration.
The law only requires that the marriage be registered in Brazil within 180 days from the return of one of the spouses (or both) to Brazil. The registration must be done at the registry office of the respective domicile or, if there is no domicile in Brazil, before the 1st Official of the capital of the State where they start to reside. If the registration is not made within this period, the law does not establish any penalty, therefore, even after the deadline, the marriage must be registered in Brazil at any time.
Even if the marriage is not registered in Brazil, it exists and will have effects between the spouses in Brazil. In other words, even if the marriage has not been registered in Brazil, individuals are no longer single, so they cannot enter into a new marriage before extinguishing the marriage celebrated abroad. However, as long as the marriage is not registered here, no legal consequences can occur in Brazil, such as receiving insurance or pension from the spouse.
Many other relevant issues arise from the marriage of Brazilians celebrated abroad, such as the property regime, succession rules (inheritance), or even regarding the marriage of a foreigner celebrated in Brazil. But the situation always needs to be analyzed case by case and all circumstances considered, such as: date, nationality, place of celebration, place of the couple’s first residence after marriage, property regime, among others that may affect the lives of the parties involved. Therefore, it is important to consult professionals who have experience not only with Family Law but also in International Private Law.
André Luiz Siciliano
Siciliano Sociedade de Advogados
