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May 7, 2024
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Notary divorce: how it works, how much it costs and more information

When a marriage comes to an end, if the marriage is formal, a divorce is required. As with any separation, dialogue is the best way to reach agreement on termination in a civilized manner that is not harmful to either party.

In establishing such a dialogue, the content of which may sometimes involve not only the ex-couple, but children and even possible assets to be shared, it is important for both parties to be aware of their decisions and, together, to agree on the that will be better from now on.

In many cases, today it is already possible to do the divorce process directly in a registry, simpler and faster. The writer Joyce Teixeira de Moraes, from the Notary's Office of the 2nd Notary of São Paulo (SP), explains some details about it.

Notary divorce: how does it work?

Notary Divorce was established by Federal Law No. 11,441 of January 4, 2007 and Constitutional Amendment No. 66 of July 13, 2010. Thus, it became possible to perform this type of divorce, either with or without assets.

All that is required is that both parties agree, that the woman is not pregnant, and that they have no minor or incapable children. Provided that there is consent between the parties and the case does not fit the above restrictions, extrajudicial divorce is indicated in all cases. And can either party ask ?, he explains.

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

What documents are required?

The necessary documents for the notary divorce, which can be previously sent by e-mail, are:

Certified copy of a photo ID and CPF of the divorcees;
Marriage certificate (updated within 90 days of issue);
Prenuptial agreement deed duly registered and pact registration certificate (updated within 90 days of issue), if any;
Birth certificate or official photo ID, if any;

If there are assets to be divided, the following are still required:

Real estate registration certificate, copy of property tax, negative property tax certificate;
For movable property: current bank statement, certified copy of the vehicle document, any other document proving ownership of the property.

In all cases, it is also essential that an OAB lawyer be present.

The deadlines vary according to the type of divorce. If there are no assets to share, it happens within 24 hours. If there are goods, within three days.

How much?

According to the professional, the value for an extrajudicial divorce without assets to share is around R $ 400,00 (signed at the notary's office). This amount may vary depending on the region of the country. When property is shared, the cost of the deed will be calculated by the couple's equity (total sum of all assets to be divided).

Read also: How to handle the end of the relationship as best you can

Payment of these costs may be set by the parties, and there are no restrictions on this.

Is there divorce in the free registry?

Scribe Joyce explains that the new CPC (Code of Civil Procedure) was silent regarding the gratuity of this type of deed. So, cautiously, they still request that the parties have a judicial authorization so that they can give the gratuity. "To clarify further, we advise the parties to apply to the judiciary for a charter requesting the writing of the free deed that will be filed along with the divorce proceedings," he says.

Advantages of Extrajudicial Divorce

Currently, about 90% of couples who break up choose to divorce at the registry, considering some of the advantages, the main ones being economy and agility. ? The number of people who prefer to divorce amicably is 93% higher than the number who prefer the dispute, with the state of Sao Paulo being the state with the most extrajudicial divorces, accounting for approximately 1/3 of all acts of this nature made in Brazil ?, says the clerk.

She also lists other interesting data on the topic: women accounted for approximately 70% of non-consensual divorce claims in 2014, the date of the latest IBGE survey. And, according to surveys, one person is divorced by the minute in Brazil, with August being the time of year with the most extrajudicial divorces (carried out directly in the notary's offices).