Brazil - Single Status Certificate (Declare Civil Status, Single Marital Status, Proof of Marital Status)

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Procedure

It is advisable to follow the guidelines that certain authorities deem necessary. Those wishing to marry overseas will need special documentation. First, couples will have to present a declaration that is processed by your local office where marriage documents are produced. This must be from the state where you live in the Brazil. On this statement will be recorded the fact that there has not be any marriage in recent years. Due to the fact that these types of documents are sought for foreign involvement one will need the local or state registrars account or declaration to be authenticated to work abroad.

• Go to the Civil Registry office where marriages are registered.
• Present and submit required documents.
• Complete a form and declare.
• Pay the fee.

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Required Documents

• Official copy (2a via) of Birth Certificate issued in the past six (6) months
• Birth Certificate issued at any time, with testimony of two (2) witnesses, attesting that the individual is not currently married. A notary public must notarize the signatures of both witnesses.
• Marriage Certificate with Divorce Certificate (averbao de divrcio). If the divorce did not take place in Brazil, the Divorce Certificate must be ratified by the Superior Tribune of Justice before the new marriage can be registered)
• Marriage Certificate with Death Certificate (certido de bito) of the deceased spouse

Office Locations & Contacts

Civil Registry of Brazil

CNJ - National Council of Justice

Embassies and Consulates

Eligibility

In order for non-nationals to marry in a foreign country you will most likely be required to produce legal documentation from your country of citizenship verifying single status and that you are free to marry. This is known as a 'Certificate of No Impediment', 'Certificate de Coutume', 'Certificate of Nulla Osta' or a 'Certificate of Freedom to Marry'.

Fees

Explain the fees structure which is required for obtaining the certificate/document.

Validity

The Declaration of Civil Status is valid for 90 days only.

Documents to Use

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Sample Documents

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Processing Time

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Related Videos

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Instructions

Document certifying the marital status of the Brazilian spouse(s): At the moment of the register it is necessary to present the original of one of the following documents: Birth certificate issued less than six months before; or Marriage certificate with the respective annotation of divorce; or

• if the spouse is deceased, death certificate; or
• statement (notarized of two witnesses) o non impairment for the marriage of the betrothed Note: the witnesses shall be Brazilian and they cannot be relative or similar, and two authenticated copies of their ID and CPF documents shall be attached; or
• statement testifying the marital status issued by the notary's office where the birth of the betrothed ones was registered.

Required Information

• Full Name
• Passport or ID number
• Place and Date of Birth
• Nationality
• Statement
• Date
• Signature of the person who declares
• Signature of the witnesses

Need for the Document

A Single Status Certificate also referred to as a No Marriage Affidavit, Certificate of Freedom to Marry or Certificate of No Impediment, is a sworn statement saying that you are eligible to marry.

Overseas marriage authorities often require further evidence that the party is free to marry. Such evidence may be a statement from the Registry of Births, Deaths and Marriages that there is no record of the person having been previously married or a 'Single Status Certificate' or 'No Records Result'.

Information which might help

Through a sworn affidavit the applicant confirms that they are who they claim to be. The Single Status Letter or Affidavit says that they are able and free to marry among other things. Bear in mind that one fact about the Single Status Affidavit is that it is not a government document; rather, it is a letter from the affiant signed in front of a notary public. An interesting fact about this type of document is that there are many names given for it. For example look at this list: "Single Status Statutory Declaration" or a "Certificate of Legal Capacity to Contract Marriage" or a "Single Status Certificate" or "Free-to-marry statement".

Please also be aware that a standard Single Status Certificate or Certificate of No Impediment may be insufficient on its own to allow a marriage to take place in a foreign country. You may be required by the foreign authorities to comply with the following, so please ensure that you allow sufficient time for processing.

• Certificates may need to be translated.
• Certificates may need to be endorsed or exchanged for a locally acceptable version issued by your Embassy or Consulate in the country where you will marry.
• Certificates may need to be legalized i.e. stamped with an official stamp known as an Apostille.
• Certificates may require that witnesses swear an Affidavit stating that you are free to marry and that this is appended.

Other uses of the Document/Certificate

If you are planning to marry in another country, you may be required to obtain a Certificate of Non-Impediment. This document has many different names such as Declaration of Non-Impediment to Marry, Statutory Declaration of Single Status, Affidavit of Intended Marriage, Statement In-Lieu of Certificate of Non-Impediment to Marriage Abroad, Certificate de Coutume, a Certificate of No Impediment, Certificate of Nulla Osta, Certificate of Freedom to Marry or just free to marry.

External Links

Brazil Portal

Brazil's representations abroad

Civil Registry of Brazil

Brazilian Ministry of External Relations

Others

Certificate of No Impediment to Marriage

This can be obtained from your local department of foreign affairs or your embassy in the country in which you are getting married.

Certificate of Single Status/Sworn Affidavit that you are free to marry

These are similar to a Certificate of No Impediment, but instead you have to swear you are single in front of a legal representative.

The Bride & Groom to be married must provide from their country of Citizenship, individual Certificates of non impediment, as proof that they are both indeed single and eligible to marry. This is also called an affidavit of single status or negative statement of marriage. This document can be obtained at the Bureau of Vital statistics in their city they reside.