Transcription of Marriage.

 

According to Article 1.544 of the Civil Code, the marriage of Brazilians, which has been celebrated abroad, before the respective authorities or the Brazilian consulates, should be registered within 180 days counting from the date of entrance into Brazil by one of the spouses into Brazil, in the registry of their respective home, or in lack thereof, at the 1st Public Notary of the Capital of the State in which they will be residing. 
PLEASE NOTE: In the state of São Paulo for  example, the competent registry is the 1st Subdistrito Sé, in the Avenida Rangel Pestana, 271-273 (in front of the Secretaria da Fazenda) 

   Necessary documents for the marriage transcript:

     Marriage license from a Foreign Government Office 
  1.     Original of marriage license of the country of origin, with legalization by the Brazilian Consulate or Embassy of the country where the marriage was celebrated, and the respective translation done by a public sworn-in translator in Brazil and registered at the Registry for Titles and Documents (“Cartório de Títulos e Documentos”).  
  2.     Brazilian birth certificate, updated date with a maximum of 6 months prior to ending date in order to comply with article 106 of the Law 6015/73, or the birth certificate with the declaration of two adult witnesses (over 18 years of age), related or not, that can attest that they know you and can certify that there is no impediment to the marriage. Their signatures have to be authenticated by the public notary. If the person is naturalized Brazilian, please add an authenticated copy of the birth certificate.
  3. Proof under which property system term marriage was contracted, given by the Consulate of the country of origin
PLEASE NOTE –

  •  If the spouses’ wish the marriage property system term to be transcribed, it is necessary to present a      declaration by the Consulate of the country in which marriage was contracted to certify the terms of property system contracted.
  • In countries that haven’t or didn’t adopt the property system, a consular declaration is used to mention the non-existence of such a legal caution in the country of origin. Should the Consul not be able to provide the required document, a declaration from both the contracting parties should be presented, and with authentication of the signatures.
  • Should the document sent by the Consulate be in the language of the country of origin, it should be translated by a sworn-in Public Translator and registered at the Titles and Documents Registry. (Cartório de Títulos e Documentos)

  4.     Proof of residence in the capital city on behalf of one of the contracting parties (light, telephone, and/or gas bill); ORIGINAL BILL OR AUTHENTICATED COPY;
or qualified declaration signed by one of the Brazilian contracting party with authenticated signature. (Law 7115 of 29/08/1983).  
  5.     Declaration concerning alteration of the spouses' name, should the name change not be mentioned in the marriage certificate, (with the authentication of the signature)   
  6.     Should there have been previous marriages in Brazil, it is necessary to include the marriage license with the divorce sentence, or proof of marriage dissolution. For the purpose of communication, the ORIGINAL OR AUTHENTICATED COPY is mandatory. Article 106 of the Law 6015/73.

  •      Proof from one or both spouses on his/her return to Brazil (generally the stamp by the Policia Federal at entrance to Brazil is accepted), or qualified declaration with all data of the person concerned and authentication of signature.
  •      Request to make the transcription under the terms of Article 32 of the Law 6015/73 with authenticated signature.
  •      The petitioner for a transcription should bring his/her original ID, together with this information.

   Marriage license sent by the Consulate of Brazil or Embassy 
  1. Original marriage license sent by the Brazilian Consulate or the Embassy.  

  2. Include the documents mentioned in items 2-4-6-7 and 8.  

  3. The documents of items 3 and 5 should be included if it doesn't contain the required information in the presented marriage license.  

  4. The petitioner of the transcription should bring his/her original ID, together with this information.  

     ATTENTION: The contracting parties can be legally represented “per procura” through a recent(!) Power of Attorney. To be effective in Brazil, the PoA, should be signed by both of the parties, the signature(s) authenticated, and the documents be legalized by the Brazilian Consulate (article 654 #2º of the Civil Code. ) closest to your domicile/residence in that foreign country.

     The cost for registration is applied according to the official cost schedule.