When a Brazilian citizen marries a foreign national outside of Brazil, while the marriage is legal in Brazil it must be registered at the Consulado-Geral do Brasil where they reside (not necessarily always the same country where the marriage actually took place.). It must also be registered in the 1º Oficio de Registro Civil in the Federal District (Brasília) or in the 1º Oficio de Registro Cívil in the city where couple will reside in Brazil.
The following is a translation form the Ministry of External Affairs website regarding the procedure and documents required for registering at the Consulado-Geral:
REGISTRATION OF MARRIAGE CERTIFICATE BASED ON LOCAL WEDDING
A - GENERAL RULES
The marriage celebrated by a foreign authority is considered valid in Brazil. To produce legal effects in the country must be registered in Brazilian Consular Office and later transcribed into 1st Clerk of the Civil Registry Office of the municipality of his residence in Brazil or the Clerk's Office of 1st Federal District. The transcript should be made preferably at the first opportunity in which one spouse travels to Brazil or within 180 days from the date of the final return to the country
- For registration of marriage, it is necessary in the presence of the Brazilian Consulate spouse, which will be the declarant and sign the term to be entered in the Book of Records. If both are Brazilians, either of them may be the declarant.
B - DOCUMENTATION
Upon registration you will need to submit the following documents:
a) Marriage Registration Form duly filled in and signed by the declarant, this
should be the spouse of Brazilian nationality;
- In case of proven physical or legal impediment of the Brazilian spouse, the Consular Authority may authorize, exceptionally, the foreign spouse can be the declarant.
b) The local Marriage Certificate;
- If the local certificate does not contain the required data. to the end of consular registration of the marriage, such as full name of both parents, nationality and date and place of birth, among others, the Consular Authority shall request supporting documents from both the Brazilian and foreign spouse.
- If the marriage took place in another country and jurisdiction , the marriage certificate must first be legalized by the Consular Division of competent jurisdiction. (i.e. If the marriage took place in a country other than where it is being registered the local Marriage Certificate must first be legalized by the Consular Division in the country of issue.)
c) prenuptial pact, if any. In this case, submit the original and, when deemed necessary by the Consular Authority, the official translation into Portuguese or English;
- If the local Marriage Certificate does not mention the property regime or in the existence of a prenuptial agreement, arrangements for the division of assets to be stated in the Brazilian register of wedding shall be the legal regime under the law of the place of celebration of the marriage.
d) Documents proving the identity of the Brazilian spouse:
- Passport, if expired; or
- Identity card issued by the Secretaria de Segurança Pública of a State or the Federal District, or other state or federal agency; or
- License/Permit issued by any public agency that is recognized by federal law as a valid identity document throughout the national territory; or
- Identity document issued by a regulatory body exercising a profession regulated by law; or
- Driver's license with photograph issued by DETRAN;
e) document proving Brazilian nationality of the Brazilian spouse:
- Brazilian certificate of birth registration; or
- Valid Brazilian passport; or
- Certificate of naturalization;
f) in the case of a foreign spouse, passport or identity card and valid certificate of Registration of Birth, issued by the competent local authority;
g) in the case of a foreign spouse, declaration signed before the Consular Authority or notarized before local authorities, that the foreign party has never married and divorced a Brazilian before the present wedding.
h) In the case of the existence of a previous marriage of either spouse, the applicant must also submit, together with the documents cited above, as applicable:
- If Brazilian [marriage], Marriage Certificate with proper registration of divorce, original and copy;
- If the spouse is deceased Death Certificate;
- A foreign [marriage], a document proving the divorce;
- If the foreign spouse has divorced a Brazilian , they shall submit the final divorce by the Superior Court of Justice in Brazil, even if the marriage had not been registered in a Brazilian Consular Office.
Note: All documents must be originals or certified copies
, accompanied by regular copies.