The Committee on the Constitution and Justice and Citizenship approved on Thursday (23), the Bill 791/07, proposed by Deputy Walter Ihoshi (DEM-SP), which allows the regulation of consensual divorces and separations of Brazilian couples living abroad, through Brazilian embassies or consulates, provided that the couple’s decision is consensual and that they have no minor or incapable children.

The author of the bill argues that Law 11.441/07 allows consensual divorce and separation by administrative means and public titles, or be it, without the need of court decisions, but does not include Brazilians living abroad.

Public title
According to the bill, consensual separation and divorce can also be made by means of a public title abroad. That document should contain the description of the couple’s assets and their partition, the couple’s decision on a possible support, and on the option of the spouse about reassuming her maiden’s name or keeping the husband’s name.

CCJ rejected the amendment by the Committee on Social Security and Family, which required the participation of a lawyer on the elaboration of a public title.

The rapporteur at CCJ, Deputy Regis de Oliveira (PSC-SP), defended the constitutionality of the bill.

Procedure
The bill had already been approved in conclusive character by the Committees on Foreign Relations and National Defense; Social Security and Family; and now, with its approval by the Committee on the Constitution and Justice and Citizenship, will follow to Senate.

Report - Rodrigo Bittar
Editing - Pierre Triboli
Translation - Positive Idiomas Ltda