Expert: Sandra - 5/21/2009

Question
QUESTION: My Australia son met & married a Brazillian lady in Aust about 2.5 yrs ago.
After 6 mths they had another marriage ceremony in Brazil for her family.
About 1 year later she went back to Brazil leaving him in Aust. They are now
divorcing. She claims she is entitled to half his wage for life and something he
signed in Brazil verifies this. She has serious health issues She worked a little
as a cleaner in Aus, he is a junior pilot. Could this be Brazillian law? Pay half
your wage for life for a two year marriage? thanks

ANSWER: I can understand from your message that you are concerned for your son. Most Brazilians who marry outside Brazil then simply register the marriage with the Brazilian Consualte nearest to their place of residence. You didn't mention if the other ceremony in Brazil was a religious ceremony or a duplicate civil ceremony at a cartorio. I can only imagine that the document he might have signed is some sort of division of property. (There are the type that considers everything as common property, the type that considers what each partner brings into the marriage as separate, but everything after as common, etc.) Just as in most countries, the decision about alimony/child support is made by a judge and based on the partners' earnings and family situation. My impression is that any alimony would end if the partner remarried. I would recommend that your son contact a lawyer practicing in the state where the divorce proceedings will be heard, to make sure his side of the story is presented. I would imagine the judge would want to see his financials before making any decision.

And just for one example, a woman of my acquaintance, with a 5 year old child, gets R$600 per month from the father (whose income I don't know) for the child's school fees and living expenses. She does not have any alimony. So perhaps your son may not be facing paying half his salary for life. I wish you the best outcome for a happy future for your son, as well as his ex.

---------- FOLLOW-UP ----------

QUESTION: Thank-you for your answer- I the Brazilian marriage was in a church- Is ther
any english speaking Brazilian lawyers who can help? He married in Australia
first and is Australian and lives & works here. She lives in San Paulo. Which
countries laws have the dominance? thanks David

Answer
I believe that if the Brazilian wedding was only a church wedding, and not a civil one at a cartorio, the marriage would have to have been registered at the Brazilian Consulate to be recognized in Brazil.
My understanding is that SHE is bringing the divorce case in a court in the city where she lives. (S.P.) So that court would settle the case, I believe, but according to any agreement at the time of the marriage in Australia and its registration at the Brazilian Consulate there.
You might do well to call or email the Brazilian Consulate nearest to your residence in Australia to ask them specifics about procedure, although the consulates sometimes do not respond in a timely or particularly informative manner.
I would think that the majority of lawyers in urbane Sao Paulo city might speak some English. You might want to ask for a recommendation for a lawyer, as well as a few more well-informed opinions on your son's situtaion, on the forum of the expat site www,gringoes.com, which includes many foreign residents of S. P.

I hope I have been of some help and consolation, but please realize that I am not a legal professional, and am responding based on anecdotal information of the experience of others of my acquaintance.

Best wishes for an amicable and fair conclusion.