International Marriage: A Guide for U.S. Citizens Who Wish to Marry a Brazilian in Brazil

Marrying in Brazil with a Brazilian citizen can be a wonderful and culturally rich experience. To assist U.S. citizens in this process, we have prepared a step-by-step guide with official information and direct references from government bodies and essential services.

1) The Documents You Need and Where to Get Them

To start the marriage process in Brazil, the U.S. citizen will need to gather a series of documents. Generally, the following are required: a birth certificate, a declaration of marital status (proving you are not currently married), a copy of a valid passport and visa, and, if applicable, a divorce decree or death certificate of a previous spouse. It is crucial to check the exact list of documents required by the Civil Registry Office where the marriage will take place in Brazil, as there may be slight regional variations. Brazilian consulates and embassies in the U.S. provide general information on visa and entry requirements for Brazil, which may be relevant for documentation.

In the United States, obtaining documents like a birth certificate must be done through the Department of Health or Vital Records of the state or county where the person was born. The declaration of marital status, which certifies that the person is legally able to marry, can be obtained through a sworn statement made before a U.S. Notary Public.

2) Notarial Needs (Hague Apostille)

After collecting the documents in the United States, it is essential that they are properly legalized to be accepted in Brazil. Thanks to the Hague Convention, to which both Brazil and the United States are signatories, U.S. public documents do not require consularization, but rather a “Hague Apostille.” The Apostille is a seal or stamp issued by a competent authority in the document’s country of origin (in this case, the U.S.) that certifies the authenticity of the signature, function, or seal of the authority that issued the document. Each U.S. state has a specific office responsible for issuing the Apostille, usually the Secretary of State of that state.

3) The Translation into Portuguese

Once you have the apostilled documents, the next crucial step is certified translation into Portuguese. In Brazil, only a sworn translator (also known as a public translator) properly registered with a Commercial Registry in a Brazilian state can perform translations that have legal validity. It’s important that all documents to be used in the marriage (including the Hague Apostille) are translated by one of these professionals. For high-quality and reliable sworn translation services, we recommend Lítero Traduções, which has qualified professionals to meet your needs.

4) The Brazilian Notarial Service and Costs

With all the documents in hand, apostilled and translated, the couple must go to a Civil Registry Office in Brazil to begin the marriage qualification process. The registry office will analyze the documentation and, if everything is correct, will publish the banns (public announcements of the marriage) to ensure there are no legal impediments. The costs and fees for a civil marriage vary depending on the state and the registry office. It is advisable to contact the chosen registry office directly to get a detailed list of requirements, fees, and scheduling, including the need for the sworn translator’s presence at the ceremony, in case the foreign partner does not speak Portuguese.

5) Law and Rights in Brazil

When marrying in Brazil, it’s important for the couple to understand the legal implications, especially concerning family law. The Brazilian Civil Code establishes the property regimes for marriage, such as partial community of property, full community of property, total separation of property, and final participation in acquisitions, which will define the division of assets in case of divorce or death. The choice of the property regime is made at the time of the marriage qualification. The Migration Law (Law No. 13,445/2017) and its regulating decrees are also fundamental for understanding the foreign spouse’s migratory status in Brazil, including the possibility of applying for residency based on the marriage.

6) New Name? New Status? New Documents…

After the marriage, if the Brazilian bride or the American groom decides to change their last name, it will be necessary to update their identification documents. For the U.S. citizen, this includes their passport and other documents in the U.S. The U.S. Department of State provides guidance on how to update a U.S. passport after a name change due to a marriage abroad. In Brazil, the marriage certificate will be the base document for any changes to RGs, CPFs, and other documents. It is crucial for the foreign spouse to also register their new status with Brazilian immigration authorities (Federal Police) and, if applicable, at the U.S. consulate in Brazil.

Please remember that this is a general guide, and laws and procedures may be updated. It is always recommended to seek specific legal advice and contact the relevant authorities directly to obtain the most recent and accurate information for your particular case.

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