behavior
April 30, 2024
Minutes To Read: 3

Extrajudicial divorce: know how to formalize the process

Home> iStock

The transformation of society over the years brought the advent of the recent Law No. 11,441 / 2007 of the Federal Constitution, which enables the resolution of the marriage breakdown in the Notary notary without the presence of the magistrate. The proportion of extrajudicial divorces in Brazil represents 28.9%, according to the IBGE survey of Civil Registry Statistics in 2017.

To clarify the doubts for those who wish to formalize this divorce modality, we consulted the lawyers, Dr. Nina Rosa de Almeida Lopes Fernandes (OAB-SP 55101) and Dr. Sônia Maria Almeida Lopes (OAB-SP 95269), specialists in Family Law .

Content Index:

What it is and how it works
How much
Necessary documents
Step by step

What is and how does extrajudicial divorce work?

The definition for an extrajudicial divorce is the mutual consent between the spouses in the dissolution of the whole and definitive marriage bond. This type of divorce is performed in the Notary Notary in order to facilitate the process of judicial proceedings and to exceed the importance of time.

For the procedure to succeed, "the presence of an appointed lawyer is essential, since he is the one who signs with the notary and the spouses, if not, is not filed for extrajudicial divorce," says Nina Rosa.

Read also: Divorce: What is the best way to tell your children

Requirements for extrajudicial divorce

Agreement between the parties: The couple accepts the same decision without disagreement.
Absence of minor or incapable children: children must be over 18 years old.
The woman is not pregnant: The pregnant woman cannot deliberate because there is the right of the unborn child and her well-being.

Currently, there is no longer a need to wait the two years of separation to start the judicial process, it can be any time after marriage. Therefore, "you don't need to explain the reason for the divorce," comments Nina Rosa.

How much?

According to the OAB-SP attorney's reference table, the minimum amount for an extrajudicial divorce without assets to be shared is R $ 2,977.13 *. However, this value changes when having the division of equity, adding 6% of what was with the customer. Notaries also charge for notary fees (the procedural fees), according to the clerk Paula Loureiro, of the 23rd Notary Notary of São Paulo, costs $ 424.89 * without goods to share. If so, it will indicate the venal value.

Amounts consulted in June 2019. They may change.

What documents are required?

Check below the necessary documents to be presented for the extrajudicial divorce:

Also read: 4 Questions You Should Ask Yourself Before Filing For Divorce

ID and CPF of spouses;
Marriage Certificate (updated to a maximum of 90 days);
Deed of prenuptial agreement (if any);
Real estate registration certificate (updated);
Ownership of vehicles, jewelry, bank statements, among others;
Payment of ITBI tax by sharing assets;

In this mode of divorce, the public deed of the consensual divorce is performed, acting jointly between the lawyer and the notary. “We email the draft and they write as we advise, after supervision, whether we agree or not,” summarizes Nina Rosa. Given the relevance of the information and countless errors, "the job of the lawyer is this, read the clauses and data, otherwise it can harm their clients," says Sonia Maria.

Extrajudicial divorce step by step

To understand how each step of the legal process works, check out the legal advice and assistance provided by the attorneys:

Meet with the couple to see if both are sure of the decision. In this way, the attorneys analyze whether one of the parties will not be extremely harmed by the agreement reached. If there is damage, another particular meeting is scheduled with the person alerting them of the risk;
Preparation of the draft containing information on the separation of property, the description of the couple and their respective professions, the regulation or withdrawal of alimony for the spouse and the provision of surname? being able to keep the married or recover the single? and is then forwarded to the Notary Notes;
Verification of documents and scheduling date in the notary's office for signing the public deed;
Extrajudicial divorce in the presence of lawyers and spouses. The reading of the public deed is done by the notary's official and verified by the attorneys, is subsequently signed and then the parties' certificates are issued;

And if after all the procedure the former spouses regret their choice and wish to return to their legal relationship, they are allowed to remarry but will have to exercise patience. "The friendly divorce does not reuse the same process as in the litigation, so to remarry, you have to make the proclamations repeatedly in the registry and it can take time," explains Sonia Maria.