International Family Law

  • International Family Law
Bonsai representando equilíbrio e resiliência em relações familiares no direito internacional

International Family Law

Legal advice specializing in family law cases with international elements, especially involving Germany, Brazil and Portugal. Acting in international divorce proceedings, definition and review of alimony, custody, cohabitation rights and regulation of parental responsibilities, always considering the particularities of each jurisdiction involved.

Strategic guidance in defining the property regime, property division and legal organization of transnational family relationships, with careful analysis of the legal implications in different countries. Acting in the homologation and recognition of foreign decisions, guaranteeing validity and legal effectiveness in the competent territory.

Technical and personalized support at all stages of the process, with a sensitive and structured approach, aimed at protecting the rights involved and the legal certainty of family decisions in an international context.

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Frequently Asked Questions

Divorce in Germany is always judicial and requires a separation period of at least one year (Trennungsjahr). For Brazilians married in Brazil who reside in Germany, the process can be conducted by the German court (Familiengericht), provided that one of the spouses has habitual residence in the country. The German judgment can then be recognized in Brazil. Specialized legal advice is recommended to determine the jurisdiction most favorable to the case.

Yes, but it needs to be officially recognized. Brazilian judicial divorces must be validated by the competent state authority in Germany (Landesjustizverwaltung). Non-judicial divorces (granted at a notary's office in Brazil) require a specific recognition procedure, as Germany does not automatically recognize them. The process includes certified translation and apostille of the documents.

International child custody is regulated by the 1980 Hague Convention, of which both Brazil and Germany are signatories. The competent court is generally that of the country where the child has habitual residence. In cases of wrongful removal (when one parent takes the child to another country without authorization), the restitution procedure is urgent and requires a specialized lawyer in both countries.

Yes. Both Brazil and Germany are part of international agreements that allow for cross-border collection of alimony, including the New York Convention and European Regulation No. 4/2009 (for relations within the EU). The amount is calculated according to the rules of the country where the proceedings are taking place. In Germany, the Düsseldorf Table is the main reference for calculation.

Yes. In Germany, judicial divorce requires representation by a lawyer (Anwaltszwang) for at least one of the parties. In uncontested divorces, only the applicant needs a lawyer. In contested divorces, both parties do. A lawyer who understands both the German and Brazilian legal systems is essential to protect your rights in both jurisdictions.