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Divorce in Scotland, but what about Brazil?

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  • Divorce in Scotland, but what about Brazil?

    My wife and I are currently going through an Ordinary divorce in Scotland. We are at the end of the process and just awaiting the decree coming through the post. My question relates to whether we will also need to be divorced in Brazil in order to remarry without any issues around bigamy.

    My wife is a Brazilian and British national (Brazilian born, naturalised in UK). I am British. After we married in the UK, we had our marriage registered at the Brazilian consulate in London.

    Now that we are (pretty much) divorced, if I were to wish to remarry would I also need to be divorced in Brazil? The UK divorce is not automatically recognised in Brazil, but if I have no ties to Brazil then does it matter? Or would I also need to go through the procedure to get divorced in Brazil in order to remarry in the future here in the UK?

    Thanks
    Tags: None

  • #2
    Hi Linguistable,
    I'm not a Scottish or Brazilian law specialist I'm afraid but having had a quick google I found this which would appear to indicate that although marriages outside Brazil are recognised a divorce wouldn't be. It also gives some pointers what would be required to have your divorce recognised over there.
    http://www.thebrazillawblog.com/divo...ian-foreigner/
    Hope that helps
    I am a qualified solicitor and am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

    Comment


    • #3
      Thanks for the response. I had found a few links too and the process is as convoluted as I'd expect from Brazil!

      However, I suppose my question was more about whether UK/Scottish law would require the divorce to occur in Brazil in addition to the Scottish court's decree. That is, I have no connection with Brazil and if I do remarry it will be in the UK. I'm assuming the answer is yes, since the marriage is registered in Brazil by the consulate, but I'm hoping the answer is no.

      Comment


      • #4
        Hi Linquistable,
        Apologies for the delay just surfaced from lurgy!
        What about your soon to be ex wife? It could cause her issues in the future if she wished to marry. The other think I don't know about but should probably be considered, is whether under Brazilian law and as a Brazilian there could be any claim made against you or your estate in the future by your ex, if you are still deemed married?
        Personally I'd want belt and braces so there could be no comeback in the future. You never know you may meet another Brazilian you wish to settle down with?!
        Sorry I can't answer straight yes and no and probably not what you wanted to hear.
        I am a qualified solicitor and am happy to try and assist informally, where needed.

        Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

        If in doubt you should always seek professional face to face legal advice.

        Comment

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