International Marriage: A Guide for Canadian 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 Canadian citizens in this process, we have prepared a step-by-step guide with official information and direct references from essential government bodies.

1) The Documents You Need and Where to Get Them

To start the marriage process in Brazil, the Canadian citizen will need to gather a series of documents. Generally, Brazilian registry offices request a valid passport, a birth certificate, a declaration of marital status (certifying you are not currently married), and, if applicable, a divorce decree or death certificate of a previous spouse. It is essential to confirm the exact list of documents with the Civil Registry Office where the marriage will take place, as there may be slight variations. Brazilian consulates and embassies in Canada provide information on entry and visa requirements, which are important for documentation.

Obtaining documents in Canada, such as a birth certificate or a declaration of marital status (Statement in Lieu of Certificate of Non-impediment to Marriage Abroad), is done through the vital records departments of the provinces or through Global Affairs Canada.

2) Notarial Needs (Hague Apostille)

After collecting the documents, it is essential that they are legalized to be accepted in Brazil. Both Canada and Brazil are signatories of the Hague Apostille Convention, which simplifies the process. Canadian public documents must be apostilled, not consularized. The Apostille is a certificate that authenticates the signature and seal of the document for use abroad. The process to obtain the Apostille in Canada may vary depending on the province where the document was issued.

3) The Translation into Portuguese

Once you have the apostilled documents, the next crucial step is sworn 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 Canadian groom decides to change their last name, it will be necessary to update their identification documents. For the Canadian citizen, this includes their passport and other documents in Canada. The Government of Canada provides guidance on how to update a Canadian 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 Canadian 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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