We believe that planning and strategy turn challenges into pathways. Every legal decision begins with vision and responsibility.
We believe that planning and strategy turn challenges into pathways. Every legal decision begins with vision and responsibility.
Legal advisory specializing in the analysis and conduct of procedures aimed at the recognition and enforcement of foreign judicial decisions in Germany. Technical work in verifying legal requirements, normative compatibility, and formal adequacy of decisions issued abroad, ensuring their validity and effectiveness in German territory.
Complete follow-up of the procedure with the competent authorities, with special attention to the areas of Family Law and Succession, including divorces, custody, alimony, division of assets, and inheritance matters. Strategic analysis of the legal implications and possible impacts arising from the approval.
Structured guidance to ensure legal certainty in the transposition of decisions between different jurisdictions, promoting regulatory harmonization and the effectiveness of internationally recognized rights.
The homologation of a foreign divorce decree in Brazil is handled by the Superior Court of Justice (STJ). The process requires: the original German divorce decree with final and unappealable ruling, a sworn translation into Portuguese, apostille (Hague Apostille), and a petition signed by a lawyer registered with the OAB. The average timeframe is 6 to 12 months. After homologation, the divorce can be registered at the civil registry office in Brazil.
When there are assets in both countries, two separate probate proceedings are generally required: one in Brazil (for assets in Brazil) and one in Germany (for assets in Germany). The European Succession Regulation (EU 650/2012) may apply if the deceased was a national of an EU country, but Brazil is not part of this regulation. Coordination between lawyers in both countries is essential to avoid double taxation and conflicts of jurisdiction.
Yes, but it needs to go through a recognition procedure. In Germany, the recognition of foreign judgments is regulated by §328 of the ZPO (German Code of Civil Procedure). The German court checks if the judgment is compatible with German public policy and if the defendant had an opportunity to defend themselves. For divorces, recognition is handled by the state authority (Landesjustizverwaltung), not the court.
Timelines vary by country and type of sentence. In Brazil (STJ), the homologation of a German sentence takes an average of 6 to 12 months. In Germany, the recognition of Brazilian sentences can take 3 to 9 months, depending on complexity and the authority involved. Proper documentation preparation is the factor that most influences the timeline; documentary errors cause significant returns and delays.
