Matrimonial property scheme

a) If there is a prenuptial agreement, it shall be apostillised by the FCO, so that it can also be registered at a civil registry office in Brazil after being translated by an Official Public Translator and Commercial Interpreter.

b) The matrimonial property scheme shall be the one defined by the laws of the country where the couple first resides.

c) Unlike the Brazilian system, the British legal system does not establish legal, conventional, pre-defined matrimonial property schemes. The absence of this information in the British marriage certificate does not prevent marriage registration at the Consulate, nor its transcription in Brazil, as provided by the National Justice Council Resolution No. 155/2012.

d) For marriages celebrated in the United Kingdom, financial and property matters shall be defined in court in the event of divorce or intestacy. In case of divorce, the property scheme shall be defined in accordance to eventual pre- or post-nuptial agreements, and to specific regulations from where the marriage has been celebrated: England and Wales, Scotland or Northern Ireland.

e) Those married abroad, if moving to Brazil, or if having to give proof of the applicable property scheme when in Brazilian territory, can request in court that one of the property schemes provided by Brazilian law be displayed in the marriage certificate.

f) In order to obtain clarification or specialist opinion about the implementation of British regulations, or about complementary rules and procedures, it is advisable to take legal advice from a local solicitor or appropriate local agencies.