Are you an Australian citizen and thinking of getting married in Brazil?
If you are an Australian citizen marrying a Brazilian citizen in Brazil, the Notary Office may require a Certificate of No Impediment to Marriage prior to your marriage. You can download the application form and contact the Embassy to arrange lodgement of your form in person at the below address. The application form must be lodged by the Australian Citizen applying for the Certificate of No Impediment to Marriage, and provide identity documentation of the applicant’s partner detailed in the form.
Australian Embassy Brasília
SES QD 801 Conj. K Lote 07
BRASÍLIA - DF
Some rough guidelines
Following the proper procedures to get married in Brazil can be complex. The process can be slow and legal rules are rigid. All individuals, regardless of nationality, who want to be married in Brazil must comply with Brazilian law. There are no longer any provisions for Australian Diplomatic or Consular Officers to perform marriages. Marriages can not be performed at the Australian Embassy or Australian Consulates. The process must begin at a Brazilian notarial office (Cartório) and, in accordance with local law, the office chosen depends on the parties’ Brazilian residence. The marriage is performed at the Civil Registry Office (Registro Civil) which has jurisdiction over the parties’ residence.
The Civil Registry Office provides all the required forms and pertinent procedural information necessary to be married in Brazil. It is wise to visit the local Civil Registry Office to obtain a list of the documents required for the marriage to be legally registered since the list may vary from state to state. If neither party are Brazilian citizens, they may visit the Civil Registry Office closest to where they would like to get married.
Religious ceremonies may be performed but they are not legally recognized, therefore they are also not considered legally binding.
Civil Ceremonies may be performed at Civil Registry Offices (Registros Civis).
The list of documents required will change depending on the state in which you are getting married. All original documentation may be required to be provided with an official translation in Portuguese so it is essential you contact your local Civil Registry Office to obtain an updated and complete list of requirements. However, the following list may provide a guide.
1. Australian Passport (original) or an original RNE (Registro Nacional de Estrangeiros). Also, a copy of the passport, including the biographical data page and any other pages containing information such as the last entry visa in the country. This should be authenticated and translated by a sworn public translator and authenticated by a local public notary (Tabelião).
2. Original Birth Certificate authenticated by an Australian High Commission, Consulate or Embassy. Please note this document may not be returned.
3. If one of the parties is divorced or widowed, they will have to present previous marriage, divorce or death certificates as applicable. If these documents are not from Brazil they must be authenticated by the Brazilian Embassy or Consulate in the country of origin and translated into Portuguese by a sworn public translator. The Supremo Tribunal Federal in Brasília must also legalize divorce decrees from countries other than Brazil. This procedure generally requires the assistance of a Brazilian attorney.
4. A Certificate of Single hood or Record of No Marriage certified by the Brazilian Ministry of External Affairs with an Australian Consular signature. Generally the Civil Registry Office will accept evidence in the form of an affidavit sworn at the Australian Embassy or Consulate in which the party declares their marital status as “single”.
5. Certidão de Inscrição Consular. This document is requested if the party’s birth certificate does not show the parents’ full names. This document may be requested from the Australian Embassy or Consulate.
6. Application form, to register the intention to marry.
7. The Brazilian Identity Card (if applicable). A photocopy of the document is needed if the party is a temporary or permanent resident of Brazil, authenticated by a local public notary.
Please note, if the party is in Brazil on a permanent resident visa (Carteira de Residente Permanente) or as a temporary worker (Carteira de Temporário), some of the above documents may be waived.
• Minimum age for marriage is 18 years for men and 16 for women.
• Parental authorisation, or that of a guardian, is required if one of the parties is a minor (under 21 years old).
Registering the Intention to Marry
• Parties should go in person to the Civil Registry Office (Cartório de Registro Civil) accompanied by two witnesses. Witnesses must be 21 years or older, have a valid Brazilian ID and CPF (Cadastro de Pessoa Física) document. All signatures must be certified by the Registro de Notas. These forms will be used for registration as well as the payment of a required fee.
• Registering the intent to marry is not the same thing as registering the actual marriage.
• All documents are required to be submitted in their original form as well as a copy when registering the intent to marry. If the documents are in the English language, the parties must provide a translation by a sworn public translator and authenticated by a local public notary (Tabelião).
Registering the Marriage
• Another fee is charged to register the marriage at the Civil Registry Office (Registro de Títulos e Documentos). This registration must take place prior to the civil marriage. Please check with the local Civil Registry Office for current fee information.
• Once the above documents have been filed and the fees paid, a waiting period of 30 days begins for the marriage license to be approved. From this point, the marriage licence is valid for three months during which time the parties may legally get married.