Do you need to register your foreign marriage in Brazil?
When a Brazilian citizen marries abroad, their marriage certificate must go through a legal transcription process to be officially recognized in Brazil. Without this, issues such as naturalization discrepancies, social security benefits, and legal testimony may arise.
But how exactly do you register a foreign marriage certificate in Brazil? Here’s a simple guide to help you understand the process.
Is it necessary to do a transcription of a matrimonial certificate celebrated outside of Brazil?
The transcription of a matrimonial certificate is an essential legal process to maintain the act’s validity in Brazil. Without this regularization, issues related to civil states may arise, such as discrepancies in data concerning naturalization, social security benefits, and even testimony.
By knowing this demand, how can one do this transcription?
Regarding a marriage certificate celebrated in another country’s law, for example, a marriage between a brazilian and an american person, it is necessary, to maintain an equal legal validity of this certificate, the fulfillment of an legal-administrative process called document transcription and reception:
- Document Application: The document must be applied and recognized by the competent authority in the country of origin
- Legal translation of the document: After the certificate has been recognized in the origin’s country, it is obligatory to translate it to portuguese by a legal recognized brazilian translator
- Civil Registry: Following these steps, when one has in its hands the original document and the translated one, a third step is necessary, the registry of marriage in Brazil. In an institution called, civil registry office, just after that and after the following regularization, the marriage is validated in both Brazil and other countries’ laws.
What is the proper place to do this procedure?
It depends on the domicile of the brazilian. Resulting in two possibilities:
- Domicile in brazilian territory: The transcription process must be done in the civil registry office – Ofício de Registro Civil – in the legal district responsible for that address
For example, I am a native Brazilian, born and raised in São Paulo, where I also have my legal domicile. However, my marriage was celebrated in Paris.. By all means, I must do all the procedures in the district of São Paulo within the district’s regional institutions.
- Residency outside of brazilian territory: Following the possibility of non residency in Brazil, the transcription process must be done in the 1st Civil Office in the Federal District – 1º Ofício de Registro Civil/DF
In this case, when a native brazilian marries in another country but doesn’t have any fiscal residency in brazilian territory, it is necessary to pursue the procedures directly with the institutions in the brazilian federal district. Fortunately, a judge’s authorization is not required—only a simple request for transcription and recognition within the office’s legal competence.
Are there any other possible methods for soliciting marriage recognition in the Brazilian legal system?
Essentially, there is only three possible ways for this end:
- Directly with the Brazilian consulate: If the marriage was celebrated in an Brazilian consulate, there is a much quicker way to regularize the situation, the transcription can be solicited in the very moment of original certificate signing, doing so, the own consulate can be the bridge to recognition and following validity of the marriage in Brazil.
- With CRC/E-protocolo system: In the case of the Brazilian person who is in Brazil but only not in the state or district where his legal domicile is, it is possible to require – upon previous presentation of all documents – the transcription on the electronic system of civil registry.
- Brazilians living in other countries: Has said, after application and translation, it is once more necessary to fulfill a requirement for transcription, following the deadlines and terms of Brazilians institutions regarding civil registry.
