First and foremost, it's always important to remember that when you live abroad and need to resolve legal matters involving two countries, you should seek an attorney specializing in international law rather than one who only handles domestic legal issues.
This is because the way laws are interpreted and applied can vary depending on where a particular situation took place.
When searching on various websites, we often come across statements that are incorrect—simply because the professional lacks true expertise on the topic but assumes they understand it, ultimately providing their client with misleading information.
One of the most complex topics in this regard is the division of assets in a divorce involving Brazilians who live abroad.
Some claim that asset division is only possible if the couple has no property. Others say that only assets located in Brazil can be divided. Both statements are entirely incorrect.
It is indeed possible to divide real estate located abroad in a divorce proceeding filed in Brazil. The Brazilian Superior Court of Justice (STJ) has issued multiple rulings confirming this. What needs to be analyzed are the marital property regime, the laws of the country where the property is located, and other relevant factors. However, in most cases, what changes is the method of implementing the division, which differs from how it would be done if the property were in Brazil.
When the property is located in Brazil, the divorce decree is submitted to the real estate registry office for proper record annotation, officially establishing what belongs to each ex-spouse. The entire division process takes place within Brazilian institutions.
However, when the property is located abroad, the division of assets will still be included in the divorce decree. However, the execution of this division will not be automatic, as the responsibility in this case falls to the land registry office (or equivalent authority) in the country where the property is located. Nevertheless, the determination of how the assets will be divided is made by the Brazilian judge.
This same reasoning applies to the division of foreign bank accounts and certain investments.
Therefore, when dealing with matters involving international legal rights, always seek an attorney with proven expertise in international law to ensure your rights are fully protected and upheld.
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