1. GENERAL INFORMATION
A marriage that has been legally performed by a foreign authority is valid in Brazil.
To be legally recognized in Brazil, the foreign marriage certificate should be registered at the Brazilian Consulate. Then, the marriage certificate issued by the Consulate must be validated in Brazil by the “Cartório de 1° Ofício do Registro Civil” (First Office of the Registrar-General) in the location in which the interested party has a legal domicile in Brazil, or in the "Cartório de 1° Ofício de Registro Civil" (1st Registry of the Civil Registry Office), in Brasilia, Distrito Federal (Federal District). The transcription should be submitted by one spouse within 180 days of their arrival in Brazil.
To process the marriage registration, it is mandatory that the both spouses be present on the pick up date, since they will have to sign the Registry Letter.
2. REQUIREMENTS
When applying for the marriage certificate, the applicant must provide the following documents:
a) A marriage certificate form completed and signed by the applicant, who must be the Brazilian spouse. Should the Brazilian spouse not be able to be present, the Consular authority can, at its discretion, accept the foreign spouse as applicant.
b) An official marriage certificate (long-form) issued by the Canadian Registrar General.
Should the locally issued certificate not have all the required information – parents’ names, nationality, place and date of birth, or other information – the consular authority will request other documents that provide proof of such information (this applies for both spouses, Brazilian or foreign).
If the marriage has been performed in another country, the marriage certificate must be previously legalized by the Brazilian consulate with responsible jurisdiction in that area.
c) Prenuptial agreement (if applicable). Should a prenuptial agreement exist, the original document must be presented. Should the consular authority consider it necessary, it will ask for an official translation of the agreement into either English or Portuguese.
Should the local marriage certificate not explicitly mention a marital regime or a prenuptial agreement, the default system of marriage in community of property applicable in the country of marriage will be considered to be in effect.
d) Document of identification for the Brazilian spouse(s):
- Brazilian passport, even if expired;
- identity card issued by the Secretaria de Segurança Pública dos Estados or of the Distrito Federal, or any other provincial office; or
- identity card issued by a public office recognized by Federal Law, such as identity card valid in national territory; or
- identity card issued by A Brazilian supervisory body of regulated professions, or
- Brazilian driver’s license, with a picture, issued by the DETRAN;
e) document to prove the Brazilian spouse’s Brazilian citizenship:
- Brazilian birth certificate; or
- valid Brazilian passport; or
- certificate of naturalization
g) Document of identification for the foreign spouse:
- passport or valid identity card and birth certificate issued in the country in which the person was born; and
- statement signed at the Consulate or notarized by a notary public certifying that the person has never been previously married to or divorced from a Brazilian citizen.
h) In cases in which either party has previously been married, the applicant must also present, along with all the other documents mentioned above:
- if the applicant is Brazilian: marriage certificate and proof of divorce (original and copy),
- if the previous spouse is deceased, death certificate (original and copy)
- if foreigner, proof of divorce;
- if the foreign spouse is divorced from a Brazilian citizen, he/she must present proof of divorce sentence from the Superior Tribunal de Justiça, in Brazil (Superior Court of Justice, Brazil), even if the marriage was not registered by a Consular Office.
NB: All documents must be originals or authenticated copies, copies of each original document must also be provided.
FEE
The consular fee for the issuance of a marriage certificate is Cnd $25.00, which must paid by money order or certified cheque to the “Consulate General of Brazil in Toronto.”
PROCESSING TIME
- The processing time for the issuance of a marriage certificate is 05 working days.
RE-ISSUANCE OF MARRIAGE CERTIFICATE
- The Consulate General of Brazil in Toronto only re-issues a marriage certificate of marriages that have been previously registered at this Consulate. For other cases, the interested party must apply for a re-issuance at the Brazilian Notary Public or Consular Office which issued the original marriage certificate. Form
- The consular fee for the re-issuance of a marriage certificate is Cnd $6,25, which must paid by money order or certified cheque to the " Consulate General of Brazil in Toronto.”
- The processing time for the re-issuance of a marriage certificate is 05 working days.
MAIL SERVICE
- The documents can be submitted previously by mail to the Consulate. Nevertheless, the applicants must come personally to the Consulate upon receiving the marriage certificate to sign the Registry Letter before the consular authorities.
- If the documents are sent by mail, do not send original documents, but authenticated copies which will not be returned.
- Please inform the date in which you will come to the Consulate to sign the Registry Letter, taking into account the five working days for the processing of the document.
ATTENTION
- Make sure to submit complete applications with all documents. Incomplete applications will be returned to the sender.
