Do you know the difference between Contested Divorce and Consensual Divorce?

(according to Brazilian laws)

First, understand what divorce is:

Divorce is a legal procedure in which two people who are married (civil marriage) wish to terminate their marital bond. This process, in addition to being emotionally difficult in most cases, involves several issues such as alimony, parental authority, and the division of assets.

In the second half of 2020, Brazilian registry offices recorded the highest number of divorces in history, totaling more than 44,000 cases.

It’s important to note that people in a stable union (common-law marriage) do not file for divorce, but rather for the dissolution of the stable union.

Divorce can be requested at any time—on the same day or the day after the wedding, or after years of living together. With divorce, there is a change in the marital status of the spouses, from married to divorced.

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But, what is a Contested Divorce?

In this case, the parties or spouses do not agree on the terms of the divorce, whether regarding the division of assets or even because one of the parties does not accept the separation, or disagrees about custody of minor children, alimony, or other personal reasons.

In this case, the process will be judicial so that a judge can decide which path the separation will follow. This process is much longer and more bureaucratic than a consensual divorce, and both parties will need a lawyer.

How does a contested divorce work?

As I said above, a contested divorce requires the assistance of a lawyer, so this should be the first step taken by both parties involved in the separation. After hiring a lawyer, it is the lawyer's job to meet with his client and obtain details of everything that occurred in the marriage.

It is important to gather detailed information about the marriage and have data such as:

1. how many years did the marriage last,

2. who was primarily responsible for keeping the accounts,

3. how many children are there in the relationship and their ages,

4. companies and assets created by the couple,

5. value of assets, among others.

With all the information in hand, the lawyer will file the divorce action itself.

Don't forget: “Contested Divorce will be exclusively Judicial”.

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What is Consensual Divorce?

Consensual Divorce, as the name suggests, is a divorce carried out with the agreement of both parties, that is, the couple agrees to all the terms (end of marriage, division of assets, custody of children, cohabitation agreement (also called visitation), alimony, etc.).

When there are minor and incapacitated children, the consensual divorce must be filed with the family court, for the opinion of the public prosecutor and approval by the court. If there are no minor and incapacitated children, the consensual divorce can be carried out in a notary's office.

This process is much faster and much less bureaucratic, and the parties involved may have only one lawyer representing both.

How does Consensual Divorce work?

A Consensual Divorce is an amicable means of ending a marriage. To do so, the spouses must be represented by a lawyer and must fully agree with the signed agreement. The lawyer will be responsible for drafting the agreement – ​​according to the wishes and consensus of the couple.

The lawyer will then read the agreement, and the spouses must sign the draft agreement, as well as the lawyer, in order to record their knowledge and agreement with all the clauses of the document.

After signing and with all the documentation gathered, the lawyer will file the Consensual Divorce with one of the Family Courts in the city where the spouses live, or this draft will be registered at a notary's office.

Don't forget! In this type of divorce, the presence of a lawyer is also mandatory!

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Documents required for the Divorce:

The main documents required to file for divorce are:

• Marriage certificate;

• Birth certificate of children (if applicable);

• Copies of each person's ID and CPF;

• Documents of movable and immovable property;

• Proof of address;

• Proof of investments (if applicable);

• Proof of debts acquired during the marriage (if any).

I'm sure you've realized how advantageous it is to choose a consensual or amicable divorce. Also understand that choosing a qualified professional to oversee the procedure is essential.

A lawyer who knows the entire procedure step by step makes it faster, reducing the emotional and financial strain on the couple.

If you have any questions, please contact me via email: advgarbelotti@outlook.com

I hope you enjoyed the information!

See you soon!