Divorce, out-of-court Solutions legal dissolution of a consensus in the wedding

The termination of a marriage, although it is marked by a personal decision, delicate, could be legally enforceable simple, secure, and faster, when carried out in an integrated way. The brazilian legal framework allows for the divorce is agreed to be paid directly to the registry office, without the intervention of the Judiciary, provided that under certain legal requirements. It is in the divorce, out-of-court, the expression moderna autonomy in the private and in the desjudicialização of civil affairs.

The consolidation of the divorce, out-of-court represents a significant development in the legal treatment of marital relationships. When you recognize the validity of the will, in conjunction with their spouses, and to allow for the dissolution of the bond, without the need for criminalization, the system focuses on solutions, and optimizes the resources in the public and promote greater efficiency in the provision of jurisdictional arrangements. It’s an alternative that combines the simplicity and orderly procedure in the interests of legal certainty, ensuring that the parties to a less stressful and more consistent with the social realities of contemporary life.

The legal requirements for the completion of the divorce, out-of-court

The divorce court was inducted into the brazilian legal framework for the law, 11.441/07, which was later amended and consolidated by the CPC/15, which has been incorporated into this content, in art. 733¹, which authorized the drafting of a deed of divorce, legal separation, and the share of goods in consensual sexual acts directly at the offices of the notes.

So what is the procedure for a divorce out of court may be made, it is necessary to comply with a few requirements:

1. Mutual consent of the spouses , via out-of-court-in is only allowed when there is a full agreement between the parties, the decision of whether or not to divorce and to the terms of the disruption – such as division of property, maintenance, and any change of the name. Any dispute regarding these points cannot be in the deed, and it requires the criminalization of the complaint.
2. The absence of a child or disabled person: The presence of minor children, or unable to impose guardianship on the State of their interests, which are not available. For this reason, in these cases, the Public Prosecutor’s office shall be heard, and that requires the filing of a lawsuit. However, if the children are older and are able to, same as, which is economically dependent on, for the divorce to be able to follow the route of administration;
3. Mandatory presence of a lawyer: a lawyer is one of the conditions for the validity of the deed, the professionals who are responsible for ensuring that the rights of the parties are preserved. You can appoint a lawyer for the joint to the couple’s lawyers or different;
4. The capacity of civil, full of the parties involved: the People were banned, and with an intellectual disability, which may compromise their independence, or to any condition that would limit your ability to manifest will, you can choose via other means. This is because of the presence of the incapable and demands the custody, and the intervention of a court.

In addition to these requirements, the documentation must be complete and up to date: the marriage certificate, personal document, the birth certificate of the goods, the antenupcial (if any), and the evidence relating to the shares.

In the event that any of these requirements are not met, then the notary shall refuse to execute the write and direct the parties to look to the Legal system. On the other hand, when all the requirements are met, the public deed of divorce takes effect immediately, and can be used for any purposes that are legal registration of the marriage certificate, update records, balance sheet, and changes to the land registry before the administration of public and private sector.

The procedure in the office of the notes

The procedure of divorce, out-of-court begins with the selection of Tabelionato de Notas, which will draw up the deed, which shall formalise termination of a marriage. The law does not require that the registrar’s office is located at the place of residence of the persons, or the place where it was celebrated the marriage, which offers the freedom of choice of the parties. You, as a rule, by the registry office, more reputable, more agile, or that you have the digital services, especially in the major cities and urban areas.

To begin, the husband – for herself, or by his attorney, shall schedule a service on the registrar’s office and submit all the required documentation. This would include a marriage certificate update (issued within the last 90 days, personal identification documents, the antenupcial (if there is one), the issue of certificates of the goods are to be shared (such as the registration of real estate, the documents of the vehicle, and financial statements), in addition to the proof-of-discharge in respect of the tax, if applicable. In the presence of a lawyer is mandatory, and their qualifications will be included in the write – you can act for both parties to act separately.

With the documents in hand, and all of the terms agreed upon, it will be written on the draft of the deed. It shall contain provisions to the clear and detailed, the desire to dissolve the marriage in the form of a share of the property, the decision on whether to maintain or return the name of the single, as well as the definition of a liability for costs, and applicable taxes. If the spouses choose not to share right away, that intention must be specifically set forth in the deed, in order to avoid allegations of omission or invalidity of the future.

The notary public shall exercise the function of control, the formal and the rule of law, making sure that the legal requirements have been met and that there are no elements that require the intervention of a judicial – like questions about the ability of the parties to the absence of a consensus, or an irregularity in the documents. The professional will also be able to clarify the doubts of the parties, even though its operation does not replace the advice of an attorney.

To complete the conference, and the book is prepared and signed by both spouses and their lawyers and, where necessary, on the website.

The deed of divorce has the effectiveness of the immediate, but the effects on third parties to rely on the proper registration at the Civil Registry Office at the seat of marriage must be provided at the initiative of the partners. In addition to this, when there is a share of a property, it is essential for the registration under the registration numbers of the buildings on the property, the transfer of ownership of the vehicle along with the bodies of the road and, where appropriate, the notice to the banks, financial institutions, the irs, and other government entities, and private, depending on the nature of the goods.

The time limit for the completion of the procedure depends on the complexity of the case, and the completeness of the documentation provided, but, in general, the deed may be executed in two to five business days. In situations that are more complex, as it shares with the goods of high value or multiple properties, there may be a need for proceedings supplementary to and including the guidance for fiscal development due when, ITCMD, or the need for amendments sheet prior.

The costs include the fees cartorários set out in the tables of state, which varies depending on the value of the assets are shared, and the number of pages in the act, and in addition to that of the attorney(s) attorney(s) and a possible tax on the transfer of assets. In some cases, as the shares are uneven or streams-cost, there may be a requirement for pre-payment of taxes prior to the drafting.

In the end, it’s worth noting that, in spite of the informal sector on the environment, cartorário, the process requires attention to technique. The work in a diligent attorney is crucial in order to ensure the validity of the act is to avoid the clauses of poorly-written, to predict consequences of the balance sheet and preserve the rights of the future. Divorce court is an effective path, but it takes planning, strategy, and legal guardian.

The advantages of divorce, out-of-court

In the divorce, out-of-court has consolidated its position as an alternative to the moderna and more efficient on the court, especially in the context of the consensus and the absence of any such dispute. Advantages resulting from the combination of the rapid process, the reduction of the formalism and the full force of the legal act, and in compliance with the requirements of the law.

The main advantage is the speed at which the procedure. Unlike the litigation process, which can continue for months or years, even in cases of consensual sexual acts, the divorce at a notary’s office, can be done in just a few days, provided that the documentation is complete, and the terms to be set out between the parties.

In another aspect, it is important for a lot of time and money. Did not need to pleadings, hearings, and judicial intervention, and significantly reduces the cost of the procedure was limited to the fees cartorários, to, reasonable attorneys ‘ fees, and, eventually, for the tax to be charged on the share of the estate. This streamlined structure makes it more accessible for a lot of couples, with no compromise on the safety and security of law.

From a legal point of view, the safety and effectiveness of a public instrument shall be fully acknowledged. In the scripture, it has the nature of a writ of execution out-of-court, it has the same effect as a court order, and is for all lawful purposes, including the annotations, record, and changes to the registry. In addition to this, the act is carried out by a notary public, who serves as a guarantee of the legality of charge.

All in all, the divorce, out-of-court constitutes a lighter, more efficient and humane management of the end of the marriage. To allow the parties to exercise their autonomy, with the support of qualified legal, reduce litigation, to promote access to the legal system and the value of the autocomposição as a legitimate tool of the reorganization of social life.

Final thoughts

The divorce court is a step forward a normative and institutional framework to allow for the end of the marriage, agreed to give up with speed, security and autonomy of its parts.

In spite of the simplicity of the procedure, and the presence of a lawyer, it is essential to ensure that all legal requirements are being adequately met, while ensuring legal certainty, the validity of the act and the prevention of legal disputes in the future.

It is, therefore, an alternative, moderna, and effective, which combines the technique of the legal, self-sufficiency, private, and respect for the dignity of all parties involved, in the end, a relationship that is marital.

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1 Art. 733. The divorce is agreed, the separation of consensus, and the termination agreement was reached on the common-law marriage, when you don’t have the child, or the child is unable, it may be carried out by means of a public deed, irrespective of the type-approval of a court.
https://www.migalhas.com.br/depeso/429806/divorcio-extrajudicial-eficiencia-na-dissolucao-conjunta-do-casamento