Notary divorce: how it works, how much it costs and more information

When a marriage comes to an end, if the union is formal, a divorce is required. As with any separation, dialogue is the best way to reach a termination agreement in a civilized way that is not harmful to either party.

When establishing this dialogue, whose content can sometimes involve not only the ex-couple, but children and even possible assets to be shared, it is important that both parties are aware of their decisions and, together, reach an agreement on the which will be better from now on.

In many cases, it is now possible to process the divorce directly in a notary’s office, in a simpler and faster way. The clerk Joyce Teixeira de Moraes, from the Notary of the 2nd Notary Public of São Paulo (SP), explains some details about it.

Divorce in Notary: How does it work?

The Notary Divorce was established by Federal Law No. 11,441, of January 4, 2007 and Constitutional Amendment No. 66, of July 13, 2010. Thus, it became possible to carry out this type of divorce, either with or without sharing of assets.

For this, it is enough that the two parties are in agreement, that the woman is not pregnant and that they do not have minor or incapable children. “As long as there is consent between the parties and the case does not fit the aforementioned restrictions, extrajudicial divorce is indicated in all cases. And any of the parties can request it”, he explains.

What documents are needed?

The documents required to carry out the divorce in a notary’s office, which can be previously sent by email, are:

1. Certified copy of an identification document with photo and CPF of the divorced persons;
2. Marriage certificate (updated within 90 days of issuance);
3. Duly registered prenuptial agreement deed and agreement registration certificate (updated within 90 days after issuance), if any;
4. Birth certificate or official identity document with photo of the children, if any;

If there are assets to be divided, you will also need:

• Property registration certificate, copy of IPTU, IPTU debt clearance certificate;
• For movable property: current bank statement, certified copy of the vehicle document, any other document that proves ownership of the property.

In all cases it is also essential that there is the presence of a lawyer from the OAB.

Deadlines vary depending on the type of divorce. If there are no goods to be shared, it happens within 24 hours. If there are goods, within three days.

How much?

According to the professional, the value for an extrajudicial divorce without assets to share is around R$ 400.00 (signed at a notary’s office). This value may vary depending on the region of the country. When there is a sharing of assets, the cost of the deed will be calculated by the couple’s assets (total value of the sum of all the assets that will be divided).

Payment of these costs may be defined by the parties, with no restrictions on this.

Is there divorce in the free registry office?

The clerk Joyce explains that the new CPC (Civil Procedure Code) was silent in relation to the gratuity of this type of deed. So, as a precaution, they still request that the parties have a judicial authorization so that they can give the gratuitousness. “To better clarify, we guide the parties to apply to the Judiciary for a license requesting the drawing up of the free deed that will be filed together with the divorce process”, she says.

Advantages of out-of-court divorce

Currently, about 90% of couples who separate choose to perform the divorce at the registry office, considering some of the advantages, the main ones being economy and agility. “The number of people who prefer to divorce amicably is 93% greater than the number of people who prefer litigation, with the State of São Paulo being the state with the most extrajudicial divorces performed, being responsible for approximately 1/3 of all acts of this nature carried out in Brazil”, says the clerk.

She also lists other interesting data on the subject: women were responsible for approximately 70% of requests for non-consensual divorces in 2014, the date of the last IBGE survey. And, according to research, a person divorces every minute in Brazil, with August being the time of year with the most extrajudicial divorces (carried out directly in the notary’s offices).