Divorce lawyer in São Paulo, Brazil
Divorce, child custody and maintenance — uncontested or contested, at a notary or in court. We read the papers before giving a view; we promise no outcome or date.
5,0 · 18 Google reviewsThree decisions shape the case: whether there is agreement; where it runs — the deed turns on art. 733 of the Code of Civil Procedure and on CNJ Resolution 571/2024; and what is settled for the children.
Uncontested or contested; notary or court.
Agreement: uncontested, both spouses converge on assets, maintenance and children; contested, at least one point is disputed and the route is judicial only. Form: an uncontested divorce may be approved by a judge on a petition of both spouses covering division of the estate, spousal maintenance, custody, visitation and upkeep of children lacking capacity (art. 731 of the CPC); or executed as a public deed, which does not depend on judicial approval and is valid title for any registration act (art. 733, § 1). With a company involved, see divorce with a company.
Art. 733 allows the deed “where there is no unborn child or children lacking capacity”. CNJ Resolution 571/2024 amended Resolution 35/2007, and art. 34, § 2 now reads:
“Where the couple has common children who are minors or lack capacity, the public deed of divorce may be executed, provided that the prior judicial resolution of all questions concerning their custody, visitation and maintenance is duly evidenced, which must be recorded in the body of the deed.”
The conditions are cumulative: resolution that is judicial, prior, covering all the questions and recorded in the deed. Art. 35 also requires an express declaration of agreement with what was settled in court.
Two caveats. The Resolution is an administrative act — art. 733 was not amended. And the unborn child was left out: § 2 covers minor children or children lacking capacity, while § 1 keeps the declaration that the wife is not pregnant, so pregnancy closes this route. An adult child who cannot express their own will may need a court-appointed guardian within the limits set in adult guardianship proceedings.
São Paulo already allowed this in 2016.
Provimento CGJ 21/2016 added item 86.2 to the São Paulo Judiciary’s notarial Service Rules, Chapter XIV: “If the prior judicial resolution of all questions concerning the minor children (custody, visits and maintenance) is evidenced, the notary may execute public deeds of consensual separation and divorce.” The CNJ took it nationwide eight years later.
The 2016 reference is historical. In the current São Paulo consolidation, Chapter XVI, item 87.2, retains notarial divorce with minor children after prior judicial settlement of custody, contact and maintenance. The former consensual-separation requirement should not be presented as a current bar: item 99 was repealed by Provimento CGJ 60/2024. Still, confirm the documents and compliance with CNJ conditions with the notary.
Custody: shared is the rule.
Since Law 13,058/2014, art. 1,584, § 2 of the Civil Code requires shared custody where the parents do not agree and both are fit to exercise parental authority, unless one declines custody or there is evidence indicating a probable risk of domestic or family violence, an exception added by Law 14,713/2023. Disagreement alone does not displace the rule; fitness, refusal and protection from violence must be assessed (REsp 1,629,994/RJ, Nancy Andrighi, 2016).
Shared custody is not alternating residence: art. 1,583, § 1 defines it as the joint responsibility of parents who do not live under the same roof, and § 3 presupposes one city as the base of residence — what is divided is contact time (§ 2), not the address. Under sole custody, the other parent still supervises the child’s interests (§ 5).
Maintenance: setting, review and enforcement.
The amount follows arts. 1,694 and 1,695 of the Civil Code: maintenance is set “in proportion to the needs of the claimant and the resources of the person obliged”. There is no automatic percentage. The procedure is special and the judge fixes interim maintenance at once (Law 5,478/1968); before birth, pregnancy maintenance (Law 11,804/2008, art. 6).
Art. 1,699 allows discharge, reduction or increase whenever either side’s finances change. Precedent 358 bars an automatic cut-off at majority; Precedent 621 runs the effects back to service of process, “compensation and recovery being barred”.
Served to pay, prove payment or justify within three days (art. 528), the defaulting debtor has the decision protested (§ 1) and faces imprisonment of one to three months in closed regime (§§ 3 and 4). Under § 7, only the debt of up to the three instalments preceding the filing, plus those falling due in the proceedings, supports imprisonment — the line of Precedent 309. Older arrears go by attachment under § 8, without imprisonment, or by payroll deduction (art. 529).
How we run the case.
- Initial reviewMarriage certificate, property regime, children and asset map.
- Testing the notarial routePregnancy, minor children and any prior decision on custody, visitation and maintenance.
- Drafting the agreementDivision, contact and maintenance to the standard art. 731 of the CPC and art. 35 of Resolution 35/2007 require.
- Deed or claim, then follow-throughExecution of the deed with our assistance or filing with interim maintenance; then registration, compliance and, if needed, enforcement.
A written proposal follows the review. Informational content under Brazilian Bar Rule 205/2021 — it does not anticipate any outcome.
What clients say on Google.
“From the very start I was looked after exceptionally. The team is attentive and explains every step.”
Amanda M. · Google“Excellent, highly qualified professionals. I highlight the professionalism, the service and the honesty.”
Rita G. · Google“Very polite, patient, always with precise, accurate answers. I recommend them with no reservations!”
Thais T. · GoogleReal client reviews published on Google.
Who leads this area.
Common questions.
Can a divorce be done at a notary where there are minor children?
Art. 733 of the Code of Civil Procedure was not amended: it still requires no unborn child and no children lacking capacity. But art. 34, § 2 of CNJ Resolution 35/2007, as worded by Resolution 571/2024, allows the deed where there are minor children or children lacking capacity, provided the prior judicial resolution of custody, visitation and maintenance is evidenced and recorded in the deed; in doubt, the notary refers the matter to the judge (§ 3).
Does an uncontested divorce still need a lawyer?
Yes. Art. 733, § 2 of the Code of Civil Procedure is explicit: “the notary shall only execute the deed if the parties are assisted by a lawyer or a public defender, whose credentials and signature shall appear in the notarial act”.
Does shared custody mean half the week in each home?
No. Art. 1,583, § 1 defines it as the joint responsibility and exercise of rights and duties of parents who do not live under the same roof, and § 3 presupposes one city as the base of residence. Contact time is what is divided (§ 2), not the address.
Does maintenance stop when the child turns 18?
No. Under Precedent 358 of the Superior Court of Justice, cancelling maintenance for a child who has reached majority requires a judicial decision, with the other side heard, even in the same proceedings. The route is discharge under art. 1,699 of the Civil Code (Precedent 621 on retroactive effects).
What does a divorce cost?
It depends on the route and the estate, in separate blocks: legal fees agreed in writing before any step; court costs or notary and registry charges; and, where the estate is divided, taxes and registration expenses.
Do you act outside São Paulo?
Yes. The firm is on Avenida Paulista and we run cases remotely in other jurisdictions, with local agents under our instruction where an act requires physical presence. In maintenance, the creditor may enforce in the court of their domicile (art. 528, § 9).
Tell us what is settled — and what is not.
With the marriage certificate and the children’s situation, we tell you which routes your case supports. We confirm the response timetable after receiving the documents.