Marriage - Frequently Asked Questions

In Finland, the marriage can be performed in the church with jurisdiction over the place of residence or by the Finnish notary - Maistraatti.

See instructions and required documents on the DVV page at https://dvv.fi/en/marriage

To take full legal effect in Brazil, the marriage must be registered with Brazilian authorities.

There are two ways to register: at the Embassy (with subsequent transcription at 1st Registry Office (Cartório de 1o Ofício) in Brazil or directly at a 1st Registry Office (Cartório de 1o Ofício), in Brazil.

Check instructions for marriage registration at the Embassy on our website at the section "Marriage Registration". 

To prove the marital status of a Brazilian citizen before the Finnish authorities, you must request the Declaration of Civil Status at the Embassy in Helsinki. The document issued by the Embassy is accepted directly by the Finnish authorities, without the need for additional procedures.

Instructions at "Declaração Consular de Estado Civil"

Yes. A marriage celebrated by a competent foreign authority is considered valid for the Brazilian legal system and even represents an impediment to the celebration of a new marriage.

However, to take full legal effect in Brazil, the marriage must be registered with Brazilian authorities.

There are two ways to register: directly at a 1st Registry Office (Cartório de 1o Ofício), in Brazil, or through the Embassy (with subsequent transcription at a notary's office in Brazil).

The marriage certificate issued by a consular office abroad must be transcribed at the 1st Office of the Civil Registry of the domicile of the registered person, in Brazil, or at the Office of the 1st Office of the Civil Registry of the Federal District, in the absence of a known domicile.

Directly contact the 1st Office of the Civil Registry of your place of domicile or the Office of the 1st Office of the Civil Registry of the Federal District for instructions on transcribing the consular marriage record.

http://cartoriomarceloribas.com.br/
SCS Quadra 08, Block B-60,
Room 140-E, 1st floor, Ed. Venancio 2000
Brasilia DF
Phone: (61) 3224-4026
E-mail: cartoriomribas-df@terra.com.br

The transcription of the consular marriage certificate in Brazil is a simple, unbureaucratic procedure and does not depend on a court request or hiring a lawyer.

Unlike the simple transcription of the certificate issued by the Embassy, ​​the procedure for registering a foreign marriage directly in a Brazilian registry office may include other documents and additional procedures (sworn translation of all documents, apostilles, etc).

Contact the 1st Civil Registry Office of your place of domicile directly or the 1st Civil Registry Office of the Federal District for instructions on registering a foreign marriage directly at a registry office in Brazil.

Registration in Brazil is necessary for the marriage to have due publicity and to produce full legal effects against third parties.

It is recommended to register as soon as possible. There is no time limit, however.

Because the full text certificate (certidão de inteiro teor) registers any changes in marital status.

The 2nd original (segunda via) of the Brazilian full text certificate (certidão de inteiro teor) must be requested by the interested party him/herself directly to the registry office (cartório) in Brazil.

The interested party must directly contact the civil registry office (cartório de registro civil) of their city, in Brazil, for instructions regarding the issuance of the full text certificate (certidão de inteiro teor).

The Embassy cannot intermediate requests by private person at the notaries (cartórios).

Important:

- The certificate must be full text (certidão de inteiro teor). The full content certificate presents more information than simple or summarized certificates: it transcribes the total content present in the corresponding book at the registry office, such as rectifications, marriage/divorce endorsements, recognition of paternity/maternity, eventual naturalization/renouncement of nationality, etc.

- The full text certificate (certidão de inteiro teor) can be presented in two forms: with the information from the book typed in text form; or even as a photocopy of the log book page. Both are accepted by the Consular Section.

- The certificate must be up-to-date and less than 6 months old, mandatorily.

- Copies of Brazilian certificates will not be accepted. The full text certificate (certidão de inteiro teor) must be original and in physical format (that is, a duplicate "segunda-via"  issued by the notary "cartório", in Brazil, less than six months ago, with the signature and stamp of the responsible Notary Public).

- It is not necessary to apostille (attach the Hague Apostille) or translate the Brazilian certificate, as the certificate issued by the Brazilian Notary office is destined to the Brazilian Embassy.

- In case of birth certificates issued by a Brazilian Embassy or Consulate abroad, they must be first transcribed in a Brazilian Notary (cartório) in Brazil and, only then, the full text certificate (certidão de inteiro teor) must be requested from the same notary office.

- Please note that a valid full text certificate (certidão de inteiro teor) less than 6 months old will also be required later to register the marriage at the Embassy. Find out more in " Marriage Registration ".

Yes. The certificate must be full text (certidão de inteiro teor).

The full text certificate presents more information than simple or summarized certificates: it transcribes the total content present in the corresponding book at the registry office, such as rectifications, marriage/divorce endorsements, recognition of paternity/maternity, eventual naturalization/renouncement of nationality, etc.

The full text certificate (certidão de inteiro teor) can be presented in two forms: with the information from the book typed in text form; or even as a photocopy of the log book page. Both are accepted by the Consular Section.

No. In the case of birth certificates issued by a Brazilian Embassy or Consulate abroad, their transcription must be first arranged by the interested party at a notary (cartório) in Brazil and, only then, the full text certificate (certidão de inteiro teor) must be requested from the same notary.

No. It is not necessary to apostille (affix the Hague Apostille) or translate the Brazilian certificate, as the certificate issued by the Notary office in Brazil (Brazilian authority) is intended to the Embassy of Brazil in Helsinki (another Brazilian authority).

Yes, both Brazil and Finland recognize same-sex civil marriage.

No. Marriages abroad are considered valid under Brazilian law.

A Brazilian married abroad who declares himself single will incur a crime of ideological falsehood and if he contracts a new marriage in Brazil, he may be legally liable for the crime of bigamy, both typified in the Brazilian Penal Code.

To regularize this situation, register your marriage at a Brazilian Consular Office or, directly, at a notary in Brazil.

If you have already been divorced, you must arrange for the approval of the divorce in Brazil.

More information at "Divorce"

Under Brazilian law, it is mandatory to register or ratify the foreign divorce judgment in Brazil ("homologação") and record the divorce in a Brazilian marriage certificate ("averbação").

Even if the marriage registration has not been made at the Consulate, you must register/approve your divorce in Brazil, since, even without registration, the marriage is valid for Brazil.

Thus, the registration of a subsequent marriage requires, mandatorily, the presentation of the homologation of the sentence in Brazil and the registration of the divorce in a Brazilian certificate ("averbação").

More information at "Divorce"

Yes, you can register at any Brazilian Embassy or Consulate abroad. First, you must have a Finnish marriage certificate issued in English. You must also request an Apostille in the Finnish certificate, done in Maistraatti. Then, contact the Brazilian Consulate or Embassy in the other country for other relevant instructions.

Yes. The Consular Section will need to verify that you are the same person. However, the record will include a note that you have dual citizenship and that you were married using your foreign nationality.

Because the extract from population contains data on affiliation and previous marriages, if applicable.

Attention: the Extract must be issued in English and must be the ink stamped and signed version (requested from Maistraatti, by mail).

The electronic version (with electronic signature) is not accepted, as Maistraatti does not allow the Embassy to quickly verify the electronic signature.

Important: The document "Birth certificate" is not the same as "extract from population".

He/she must provide a birth certificate containing the full name and name of the parents issued in the country of origin.

He/she must also provide a certificate of marital status that proves to be eligible to marry.

These documents must be original, in a stamped and signed version (copies and digital versions are not accepted).

Please note: these documents must be issued in English. If they are not in English, they must be translated by sworn translator into English.

Important:

If the country of nationality of the foreigner is part of the Hague Apostille Convention, the documents must receive the apostille in the country of origin.

If the foreigner's country of nationality is not part of the Hague Apostille Convention, the documents must be legalized at the Brazilian Embassy/Consulate in the country of origin.

You must present the specific population extract (on the DVV website, choose "other certificates") that demonstrates the name changes.

For non-Finns, a similar document from the country of origin.

These documents must be original, in a stamped and signed version (copies and digital versions are not accepted).

Please note: these documents must be issued in English. If they are not in English, they must be translated by sworn translator into English.

Important:

If the country of nationality of the foreigner is part of the Hague Apostille Convention, the documents must receive the apostille in the country of origin.

If the foreigner's country of nationality is not part of the Hague Apostille Convention, the documents must be legalized at the Brazilian Embassy/Consulate in the country of origin.

It is possible to request an additional copy of the marriage certificate only if the marriage has been registered at this Embassy and the respective certificate has not yet been transcribed at the Notary of the 1st Civil Registry Office in Brazil. Instructions at "Segundas Vias"

If it has already been transcribed in Brazil, the interested party must go directly to the corresponding registry office in Brazil.

Under Brazilian law, it is possible to change the surname (ie, to add the surname or family name of the husband/wife) due to marriage or divorce.

This alteration must be written on the Finnish marriage certificate to be able to be registered at the Brazilian marriage certificate.

Once the marriage has been registered at the Embassy, the passport may be issued with the new married name.

Attention: The forename (first name) cannot be changed at the Embassy. It can only be changed in the notary (Cartório de 1o Ofício), in Brazil.

Any other name changes (either first name or surname) done out of the  marriage context must be requested directly at the notary (cartório) in Brazil.

Regarding the change of the surname of a Brazilian due to marriage, the Brazilian legal system authorizes that:

“Any of the spouses, if they wish, can add the surname of the other to theirs”
(art. 1565 – Law 10,406 of January 10, 2002);

1st observation
If there is an addition of the surname by one of the spouses, the entirety of the spellings, as written, must be preserved.

2nd observation
Brazilian legislation does not prevent one of the spouses, if he decides to adopt the other's surname, from choosing to partially or totally suppress his previous surname.
The suppression referred to does not include the first name, which, although it can be composed, cannot be changed.

3rd observation
The agnome of one of the spouses is not transmitted to the other. Agnomes serve only to differentiate homonyms (same family names). Examples of agnomes: Neto, Filho, Júnior, among others.

Hypothetical example:

João da Silva Magalhães Neto (m) & Ana Maria Oliveira Castro (m)

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JOÃO DA SILVA MAGALHÃES NETO

First name (simple): João
1st Surname: da Silva
2nd Surname: Magalhães
Agnome: Neto

ANA MARIA OLIVEIRA CASTRO

First name (compound): Ana Maria
1st Surname: Oliveira
2nd Last Name: Castro

Possibilities of composition of the surname of the bridegroom João da Silva Magalhães Neto:

· The name “João da Silva Magalhães Neto” may remain unchanged;

· To the immutable first name “João”, all other surnames can be added, in any arrangement:

Eg: João da Silva Magalhães Oliveira; João Oliveira; João Magalhães Castro, João Oliveira Castro etc.

· The agnome “Neto” only remains when all the previous surnames are maintained, in the order (“João da Silva Magalhães Neto”), even if any of the wife’s surnames are added to them:

Eg: João da Silva Magalhães Neto Oliveira, João da Silva Magalhães Neto Castro, João da Silva Magalhães Neto Oliveira Castro.

· The compound given name “Ana Maria” cannot be added to the given name “João”.

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Possibilities of composition of the surname of the bridegroom Ana Maria Oliveira Castro:

· The name “Ana Maria Oliveira Castro” may remain unchanged;

· The unchangeable first name “Ana Maria”, in that order, can be added, in any arrangement, all other surnames:

Ex.: Ana Maria da Silva, Ana Maria da Silva Magalhães, Ana Maria Oliveira da Silva etc.

· The first name “João” or the agnome “Neto” cannot be added to the compound given name “Ana Maria”.

No. Recognition of the factual situation does not imply recognition of legal changes.

For the name to be legally changed in Brazil, it is necessary to register the foreign marriage with the Brazilian consular office abroad or in a Brazilian registry (Cartório) in Brazil.

Once the marriage registration has been carried out, the passport can be issued with the married name.

Attention: Only surname changes are allowed due to marriage. Other name changes can only appear in a passport after the certificate has been registered, in Brazil, by court decision.

If there is no prenuptial agreement, the legal property regimen for marriages performed in Finland is that defined in the Finnish Marriage Act.

Important: The property regimen defined by the Finnish Marriage Act is not equivalent to any property regimens defined by Brazilian legislation.

No. The property regimen defined by the Finnish Marriage Act is not equivalent to any property regimens defined by Brazilian legislation.

For this reason, consular marriage certificates issued by the Embassy in Helsinki contain only the following remark:

FOREIGN PROPERTY REGIMEN: established in accordance with the provisions of Art. 7, §4, of Decree-Law No. 4.657/1942, pursuant to §4 of Art. 13 of CNJ Resolution No. 155/2012

The norm provides that the property regimen, legal or conventional, obeys the law of the country in which the spouses have their domicile, and, if this is different, that of the first marital domicile.

In cases where local legislation does not oblige the spouses to choose the property regimen at the time of the marriage, i.e., its inclusion in the foreign certificate is optional, local law leaves the competence to define the property regimen to the domicile of the transfer of the consular certificate (CNJ Resolution 155/2012).

Yes. If the bride and groom have chosen a different property regime than that defined by the Finnish Marriage Act, they must present a prenuptial agreement signed before the wedding, stipulating the property regime they chose.

IMPORTANT:

A PRENUP MADE IN FINLAND MUST NECESSARILY OBSERVE THE FOLLOWING RULES TO BE VALID IN BRAZIL.

IF THE PRENUPTIAL AGREEMENT DOES NOT FOLLOW THE RULES BELOW, THE MARRIAGE REGISTRATION CANNOT BE CARRIED OUT BY THE EMBASSY UNTIL THE DOCUMENT IS IN ACCORDANCE WITH BRAZILIAN REGULATIONS.

1) Present the original pact to the Embassy (original agreement signed by the couple).

Attention: Copies of any sort are not accepted.

IMPORTANT NOTES ABOUT THE PRENUP: 

It is strongly recommended to formalize a "bi-column" type pact (with identical text, in two columns, for example, one column in Finnish and the other in English, or Finnish and Portuguese).

The text in two columns may facilitate the sworn translation of the document to Portuguese and its later registration at the Brazilian notary, in Brazil.

If the original is only in Finnish, it will be necessary to carry out, in addition, a sworn translation to English, in Finland, and also request the Hague apostille in the translation.

We also strongly recommend making the agreement in more than one original (all of them equally notarized, apostilled and translated), as copies of the agreement are not accepted by Brazilian authorities, including the Embassy.

2) The original pact must have the signatures of the couple notarized in Maistraatti (authentication of in-person own-hand signatures - allekirjoituksen oikeaksi todistaminen).

Check the type of notarization accepted by the Embassy here: EXAMPLE

3) The original pact must receive the Hague apostille (apostille) (done in Maistraatti).

4) The original pact must have been registered with Maistraatti.

5) Also present to the Embassy the certificate of registration of the pact in the DVV-Maistraatti (this document does not require an apostille and can be presented directly in Finnish).

Attention: To produce full legal effects in Brazil, the original pre-nup agreement with notarized signatures and apostilled by Maistraatti must subsequently receive, in Brazil, a sworn translation into Portuguese (made in Brazil) and be then registered in a Brazilian registry office of titles and documents (Cartório de Registro de Títulos e Documentos).

Information about registration of the agreement at a notary's office in Brazil, necessary documents, procedures, need for translations and apostilles, etc. must be requested by the interested party directly to the registry office in their city, in Brazil.

Information about sworn translations is available on our website at Sworn Translations.

More information about how to formalize a prenuptial agreement in Finland can be found on the Maistraatti - DVV website at https://dvv.fi/en/prenuptial-agreement

Yes. In Finland, the property regimen can be defined or changed at any time after marriage.

For this reason, consular marriage certificates issued by the Embassy in Helsinki contain only the following remark:

FOREIGN PROPERTY REGIMEN: established in accordance with the provisions of Art. 7, §4, of Decree-Law No. 4.657/1942, pursuant to §4 of Art. 13 of CNJ Resolution No. 155/2012

The norm provides that the property regimen, legal or conventional, obeys the law of the country in which the spouses have their domicile, and, if this is different, that of the first marital domicile.

In cases where local legislation does not oblige the spouses to choose the property regimen at the time of the marriage, i.e., its inclusion in the foreign certificate is optional, local law leaves the competence to define the property regimen to the domicile of the transfer of the consular certificate (CNJ Resolution 155/2012).

A Brazilian civil partnership ("União Estável") as regulated by Brazilian Civil Law does not correspond to the civil partnership according to Finnish Act of Registered Partnership.

Attention: The Finnish authorities ( DVV, Migri, etc. ) DO NOT recognize civil partnerships ("união estável") made by Brazil.

For Finland, the civil partnership carried out by Brazil (whether in a notary or at the Embassy) is only valid in Brazilian territory.

According to Finnish legislation, the Finnish "Civil Partnership" has no equivalence to the Brazilian Civil Partnership (União Estável), and it is only possible to register civil partnerships carried out abroad, in Finland, for same-sex couples and only when the union was made due to the lack of legal provision, in the country of origin, of same-sex marriages*.

* For example, in countries where there was no legal provision for same-sex marriages, a stable union was celebrated instead and could be then recognized by Finland.

However, same-sex marriage is legal in Brazil since 2013 (so, before Finland, which legalized it in 2017), so civil partnerships celebrated in Brazil do not fall under the Finnish rule for registration of "Civil partnerships".

Only a marriage has equivalent legal treatment in Brazil and Finland, being equally valid in both countries.

More information about getting married in Finland at Marriage - Frequently Asked Questions.

Information about "Civil Partnerships" carried out abroad at https://dvv.fi/en/partnership-registered-abroad

The Finnish Act of Registered Partnership is available at https://www.finlex.fi/en/laki/kaannokset/2001/en20010950.pdf 

A Brazilian civil partnership ("União Estável") as regulated by Brazilian Civil Law does not correspond to the civil partnership according to Finnish Act of Registered Partnership.

Attention: The Finnish authorities ( DVV, Migri, etc. ) DO NOT recognize civil partnerships ("união estável") made by Brazil.

For Finland, the civil partnership carried out by Brazil (whether in a notary or at the Embassy) is only valid in Brazilian territory.

According to Finnish legislation, the Finnish "Civil Partnership" has no equivalence to the Brazilian Civil Partnership (União Estável), and it is only possible to register civil partnerships carried out abroad, in Finland, for same-sex couples and only when the union was made due to the lack of legal provision, in the country of origin, of same-sex marriages*.

* For example, in countries where there was no legal provision for same-sex marriages, a stable union was celebrated instead and could be then recognized by Finland.

However, same-sex marriage is legal in Brazil since 2013 (so, before Finland, which legalized it in 2017), so civil partnerships celebrated in Brazil do not fall under the Finnish rule for registration of "Civil partnerships".

Only a marriage has equivalent legal treatment in Brazil and Finland, being equally valid in both countries.

More information about getting married in Finland at Marriage - Frequently Asked Questions.

Information about "Civil Partnerships" carried out abroad at https://dvv.fi/en/partnership-registered-abroad

The Finnish Act of Registered Partnership is available at https://www.finlex.fi/en/laki/kaannokset/2001/en20010950.pdf 

Note that matters related to entry and stay in foreign countries are the exclusive competence of foreign authorities. The Brazilian embassy does not have information about visas for Finland, nor can it interfere in these matters.

You can obtain information from the competent Finnish authority (Migri), through the website http://migri.fi or from the Finnish Consulate in São Paulo.

Consult the Finnish immigration authority for the relevant instructions.

The Embassy does not interfere in visa and immigration matters, as it is a matter for the exclusive competence of the Finnish authorities.

More information can be obtained from the Finnish Immigration Service website or from the Finnish Consulate in São Paulo.

Consult the Finnish immigration authority for the relevant instructions.

The Embassy does not interfere in visa and immigration matters, as it is a matter for the exclusive competence of the Finnish authorities.

More information can be obtained from the Finnish Immigration Service website or from the Finnish Consulate in São Paulo.

If you are in Brazil, the foreigner must contact the Federal Police Department (Polícia Federal).

If you are in Finland, you can apply for a permanent visa based on family reunion at the Consular Section.

No. Only Brazilian citizens (born or naturalized) are entitled to a Brazilian passport.

Consult the Finnish immigration authority for the relevant instructions.

The Embassy does not interfere in visa and immigration matters, as it is a matter for the exclusive competence of the Finnish authorities.

More information can be obtained from the Finnish Immigration Service website or from the Finnish Consulate in São Paulo.

Directly contact the Brazilian registry office (cartório) where you intend to get married for instructions, as procedures and documents may vary from one Notary to the other.

A marriage celebrated abroad is not official in Finland until it has been registered in the Finnish Population Information System (DVV).

For registration, you must submit your original marriage certificate to the Finnish Population Data System - DVV, duly apostilled at a notary's office (cartório), in Brazil, and translated into English. The translation must also be apostilled. If the translation is done by an authorized translator in Finland, the translation does not need to be apostilled. Consult the DVV for relevant instructions.

Yes. However, although the Brazilian registry offices accept to carry out the marriage by proxy, it may not be recognized in Finland, because local law requires the citizen to be present at the place and on the date of the marriage.

Maistrattii can issue the Marital Status Certificate. To be valid in Brazil, the document must be issued originally in English, apostilled by Maistraatti and translated from English into Portuguese, in Brazil, by a Brazilian sworn translator.

A declaration of marital status must be requested from the Brazilian Consulate (or Embassy) located in the country where you intend to get married.

Yes, as long as your original marriage certificate has been previously apostilled by a competent body (for countries that are signatories to the Hague Apostille Convention) or legalized by the Brazilian Consular Office in the country where you were married (for countries that are not signatories to the Hague Apostille). Documents issued in languages ​​other than Portuguese or English must also receive a sworn translation (authorized translation) to Portuguese or English.