October 12, 2026 · By Dra. Sandra Koelln
A very common question among Brazilians living in Germany is where they should get divorced when the marriage took place in Brazil.
The good news is that, in many cases, the divorce can be granted in Germany, even if the marriage took place in Brazil and both spouses are Brazilian.
However, there are some important legal aspects to consider, especially when the couple has children or assets in both countries.
Can I get divorced in Germany even though I married in Brazil?
Yes! The fact that the marriage was celebrated in Brazil does not prevent the divorce from being granted by the German courts.
When both spouses are habitually resident in Germany, the German courts generally have jurisdiction over the divorce.
But note: when one of the spouses lives in another country, the situation needs to be analysed more carefully.
The court's jurisdiction depends on several factors, especially the spouses' habitual residence and the circumstances of the separation.
Do I have to get divorced in Brazil, or can I choose?
This is another frequent question.
Depending on the situation, the divorce may take place in Brazil or in Germany.
However, this choice is not entirely free. It must be checked whether the authorities of the chosen country have jurisdiction over the proceedings.
In practice, we also need to consider where the couple lives, whether there are minor children, assets in Brazil or in Germany, and which procedures will be needed afterwards.
Getting divorced in the country where the marriage took place is not always the simplest or most suitable solution.
How does divorce work in Germany?
In Germany, divorce is granted by a court, the Family Court (Familiengericht).
When German law applies, the spouses must generally have been separated for at least one year, a period known as the Trennungsjahr.
It is important to clarify that this separation does not necessarily require one of the spouses to move out.
The couple may continue living in the same home, as long as their married life has genuinely ended.
Another important point: the divorce petition must be filed with the court by a lawyer.
In uncontested divorces, each spouse usually does not need to hire their own lawyer, provided that only one files the petition and the other simply consents to the divorce.
However, the lawyer represents only their own client, not both spouses.
Which law applies: Brazilian or German?
This is a particularly important question in international divorces.
Many people believe that, because they married in Brazil, the divorce must necessarily follow Brazilian law.
That is not how it works.
The law applicable to the divorce is determined by the rules of private international law.
When both spouses are habitually resident in Germany, German law generally applies to the dissolution of the marriage, except in specific situations, such as a valid choice of another law.
However, matters such as the division of assets, maintenance and child custody may be subject to different rules.
That is why each situation should be analysed individually.
What if the couple has property or money in Brazil?
Having assets in Brazil does not prevent the divorce from being granted in Germany.
However, care is needed when dividing those assets.
One of the first points we analyse is the couple's matrimonial property regime and which law applies to their property relations.
It is also necessary to check whether additional procedures will be required in Brazil, especially when there is real estate.
Divorce and the division of assets are separate legal matters and do not always need to be resolved in the same proceedings.
Is a divorce granted in Germany valid in Brazil?
Yes, a German divorce decision can have legal effect in Brazil.
However, it is important to check how this decision must be recognised and registered with the Brazilian authorities.
In simple uncontested divorces, with no provisions on child custody, maintenance or division of assets, it may be possible to register the divorce directly at the Brazilian registry office (cartório), without recognition proceedings before the Superior Court of Justice (STJ).
In other situations, recognition of the foreign decision by the STJ may be required.
Therefore, before starting the proceedings, it is advisable to also check which steps will be needed in Brazil.
Do I need a lawyer to get divorced in Germany?
Yes. In Germany, the divorce petition must be filed by a lawyer.
In uncontested divorces, under certain circumstances, the proceedings can be handled with only one lawyer representing the spouse who files the petition.
However, when there are disagreements about assets, maintenance or other family matters, each spouse may need their own legal representation.
In international cases, proper advice from the start can prevent later difficulties.
Conclusion
If you married in Brazil and now live in Germany, this does not mean you need to go back to Brazil to get divorced.
In many cases, the divorce can be granted directly by the German courts.
However, it is important to check which court has jurisdiction, which law will apply and what effects the decision will have in Brazil.
Especially when there are children, real estate or assets in different countries, proper legal planning can avoid complications and unnecessary costs.
Need advice on divorce in Germany?
Kanzlei Koelln works in family law and international law, advising Brazilians living in Germany who face family matters involving different countries.
We will be glad to advise you on the procedures and the legal options in your case.
Sandra Helena Koelln
Rechtsanwältin – Germany
Advogada – Brazil and Portugal
Kanzlei Koelln – Advocacia Internacional
This article is for information purposes only and does not replace individual legal advice.
Last updated: October 2026.