Ooops, I Just Got Married in Brazil

We get asked all the time, “How do I get married in Brazil?” But now, we’re starting to get asked the opposite question: “How do I get out of this mess?” Whatever the reason, more and more foreigners are looking to annul their Brazilian marriages.

Let’s first clear up the difference between annulment and divorce. You annul a marriage when you don’t want any record of it ever happening. The result of a marriage that has been annulled is that the marriage never actually took place. Divorce is different. It means the marriage has come to an end.

It sounds like a technical difference, but it has a very practical implication. Someone whose marriage ends in divorce retains the title of divorcee while someone whose marriage is annulled reverts to being single. There are also significant legal considerations with respect to the financial and property rights of spouses upon divorce.

These differences no doubt lead many, particularly those who were only married for a few days, to seek to annul their marriage. The problem is that annulment isn’t designed for people who made mistakes.

In Brazil, marriages can only be annulled under specific circumstances. This includes, for example, when a spouse is under the legal age, when a marriage involves coercion, or when a party lacks sufficient mental capacity.

If your marriage doesn’t fall under one of the categories in the Civil Code, you’ll need to look to divorce instead. There’s a silver lining, though. Brazil now offers divorces online!