- Marriage in Finland
- Name changes
- Property of spouses
- Brazilian Civil Partnership (União Estável) and Finnish Civil Partnership
- Migratory and visa matters
- Marriage in Brazil
- Marriage in a third country
DIRECT LINKS FOR THE SERVICES AT THE EMBASSY:
STEP 2: DECLARATION OF CIVIL STATUS
STEP 4: MARRIAGE REGISTRATION
-I'm Brazilian and I want to get married in Finland, what do I do?
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 athttps://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.
-The Maistraatti/church asks me to prove my marital status. How do I that?
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"
-After I get married in Maistraatti, is the marriage valid in Brazil? Do I need to notify the Brazilian authorities?
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.
-If Brazilian legislation already recognizes my foreign marriage, why do I need to register it in a Brazilian notary's office?
Registration in Brazil is necessary for the marriage to have due publicity and to produce full legal effects against third parties.
- Is there a deadline for Brazilians to make the consular registration of marriage?
It is recommended to register as soon as possible. There is no time limit, however.
- Why must the Brazilian birth certificate be less than six months old to be able to declare marital status and register the marriage at the Embassy?
Because it registers any changes in marital status.
- My birth certificate is in Brazil, how do I get a second original "segunda via" issued less than six months ago when I'm here?
The 2nd original (segunda via) must be requested by the interested party him/herself or by third parties (friends, relatives, etc.) directly to the registry office (cartório) in Brazil and sent to the interested party by mail. Some notary offices also accept remote requests and forward the certificates by mail.The interested party must directly contact the civil registry office of their city, in Brazil, for instructions regarding the issuance of the 2nd original.
Alternatively, the interested party may request a duplicate certificatde in certified electronic format. In this case, the document must contain a certified digital signature, hash code and QR code, and will only be accepted if complete verification is possible, by the Consular Section, of the data contained therein (personal data, term number, page and book, etc.) .
Attention: Responsibility for the stability of the electronic certificate signature verification system does not lie with the Ministry of Foreign Affairs or the Embassy. Therefore, if the hash and qrcode codes cannot be verified at the time of service – or during the prior verification – the service sought cannot be provided.
For instructions on how to request certified electronic certificates, consult the following websites, which perform this service:
https://www.cartorioonlinebrasil.com.br/
https://cartorios24horas.com.br/
https://www.registrocivil.org.br/
https://documentonobrasil.com.br/
Important:
- The duplicate certificate destined to the services of declaration of marital status and registration of marriage at the Embassy must be recent (maximum 6 months, obligatorily).
- Simple copies of Brazilian certificates will not be accepted. The certificate issued by a notary in physical format must be original, with the signature and stamp of the responsible Notary Public.
- Documents that do not have the signature and stamp of a notary, but contain an electronic signature (certified digital signature) will only be accepted if the document contains a certified digital signature, hash code and qr code, and it is possible to verify the data contained therein (personal data, term number, page and book, etc.).
- Responsibility for the stability of the signature conference system does not lie with the Ministry of Foreign Affairs or the Embassy. Therefore, if the code cannot be verified at the time of service – or during prior verification – the service sought cannot be provided.
- We remind you that the document will also be necessary later on to register the marriage at the Embassy.Find out more in "Marriage Registration".
-Can I register same-sex marriage at the Consulate?
Yes, both Brazil and Finland recognize same-sex civil marriage.
-I got married abroad, but I didn't register my marriage either at a Brazilian Consulate or at a notary in Brazil. Am I still considered single in Brazil?
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"
-I already divorced in Finland. Can I get married again?
Under Brazilian law, it is mandatory to register or ratify the foreign divorce judgment in Brazil ("hom*ologação") 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 hom*ologation of the sentence in Brazil and the registration of the divorce in a Brazilian certificate ("averbação").
More information at "Divorce"
-Can I register the marriage celebrated in Finland in another country?
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.
-On my foreign marriage certificate there is nationality other than Brazilian. Can I register at the Consulate?
Yes. The Consulate should be able to verify that it is the same person. However, the record will include a note that you have dual citizenship and that you were married using your foreign nationality.
- Why is the extract from population of the foreign spouse required?
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".
- My spouse is a foreigner, but he's not Finnish. How to proceed?
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.
-The foreign spouse has changed his name. How can he prove the change?
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 isnotpart of the Hague Apostille Convention, the documents must be legalized at the Brazilian Embassy/Consulate in the country of origin.
-Can I ask for a duplicate of the consular marriage certificate?
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.
-Can I change my name due to marriage?
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.
The forename (first name) cannot be changed at the Embassy. It can only be changed in a cartório, in Brazil.
Once the marriage has been registered at the Consular Section of this Embassy, it is not possible to make any changes to the surname on the consular Brazilian certificate.
Any changes made after the marriage registration must be requested directly in the notary (cartório), in Brazil.
Once the marriage is registered, the passport can be issued with the married name.
Attention: Other name changes not related to marriage can only appear in a passport after the birth certificate is altered in a cartório in Brazil ("averbação").
- What are the rules for name changes?
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 hom*onyms (same family names). Examples of agnomes: Neto, Filho, Júnior, among others.
Hypothetical example:
João da Silva Magalhães Neto (m) & Ana Maria Oliveira Castro (m)
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”.
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”.
-If Brazilian legislation already recognizes my foreign marriage, can I apply for a passport with the married name without registering the marriage at the Embassy?
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.
PROPERTY OF SPOUSES
-What is the property regimen in Finland?
If there is no prenuptial agreement, the legal property regimen for marriages performed in Finland is that defined in the Finnish Marriage Act.
- Is the property regimen in Finland (Finnish Marriage Act) the same as in Brazil?
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).
- Can I define another property regimen than that of the Finnish Marriage Act?
Yes. If the spouses have opted for a property regimen ndifferent from that defined by the Finnish Marriage Act, they must present a prenuptial agreement signed before the marriage, stipulating the property regimen they chose.
Important: The original pact must have been registered with Maistraatti, receive the Hague apostille, a sworn translation into English or Portuguese. Furthermore, it is necessary to present the certificate of registration of the pact with the DVV-Maistraatti to the Consular Section.
To produce legal effects in Brazil, the pact must be subsequently registered at a Brazilian Notary Office of Titles and Documents (Cartório de Registro de Títulos e Documentos).
Information about registration of the pre-nup agreement at the notary's office in Brazil must be requested directly to the notary's office in your city.
In general, for this registration, the agreement must have been previously apostilled by Maistraatti and, if written in a language other than Portuguese, subsequently translated into Portuguese, in Brazil, by a sworn public translator. Detailed instructons must be requested to the Notary Office, in Brazil.
- Can I define the property regimen after marriage?
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).
BRAZILIAN CIVIL PARTERSHIP (UNIÃO ESTÁVEL) AND FINNISH CIVIL PARTNERSHIP
-I formalized a Brazilian Civil Partnership (União Estável) in Brazil. Is this partnership recognized by the Finnish authorities?
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.
However, Brazil same-sex marriage is legal in Brazil since 2013 (before Finland, who legalized it in 2017), so civil partnerships celebrated in Brazil do not fall under the Finnish rule for registration of "Civil partnerships".
Thus, only 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 athttps://www.finlex.fi/en/laki/kaannokset/2001/en20010950.pdf
- Is it possible to request a Finnish visa based on a Brazilian civil partnership?
ABrazilian 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.
However, Brazil same-sex marriage is legal in Brazil since 2013 (before Finland, who legalized it in 2017), so civil partnerships celebrated in Brazil do not fall under the Finnish rule for registration of "Civil partnerships".
Thus, only marriage has equivalent legal treatment in Brazil and Finland, being equally valid in both countries.
More information about getting married in Finland atMarriage - Frequently Asked Questions.
Information about "Civil Partnerships" carried out abroad athttps://dvv.fi/en/partnership-registered-abroad
The Finnish Act of Registered Partnership is available athttps://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 websitehttp://migri.fior from the Finnish Consulate in São Paulo.
- After getting married in Finland, how to obtain a residence permit in Finland?
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.
- After getting married in Brazil, how to obtain a residency visa in Finland for the Brazilian spouse?
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 theFinnish Immigration Service website or from the Finnish Consulate in São Paulo.
- After getting married in Brazil, how to obtain a residence permit in Brazil for the foreign spouse?
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.
- Does a Brazilian marriage entitle the foreigner to a Brazilian passport?
No. Only Brazilian citizens (born or naturalized) are entitled to a Brazilian passport.
- I am Brazilian citizen married to a citizen of the European Union. Can I get a resident visa in Finland?
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.
- What documents need to be presented by the foreigner who intends to get married in Brazil?
Directly contact the Brazilian registry office (cartório) where you intend to get married for instructions.
- Is the marriage performed in Brazil valid in Finland?
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.
- Is it possible to marry in Brazil by means of a power of attorney (third parties representing the spouses)?
Yes. 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.
- How to obtain a certificate of marital status in Finland for Brazilian authorities?
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.
- I am Brazilian residing in Finland and I intend to get married in another country. How can I prove my marital status?
A declaration of marital status must be requested from the Brazilian Consulate (or Embassy) in the place where you intend to get married.
- Can I register the marriage celebrated in another country at the Embassy in Helsinki?
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.
