International Divorce: What Happens When Everyone Lives in a Different Country
- Chagas Advogados

- Oct 16
- 2 min read

When love crosses borders, the end also requires clear maps. Understand how international divorce works and avoid legal hassles.
When love crosses borders, but so does divorce
Marriages that begin with stamped tickets and promises in two languages often end up facing a dilemma no one planned for: how to separate when each person lives in a different country .
The story that seemed like something out of a movie may end up bumping into one of the coldest corners of reality: the law. And what was once a matter of sentiment becomes a matter of jurisdiction, assets, and children .
The first shock: each country has its own rules
In international divorce , there is no “world law” that solves everything.
Each country has its own criteria for deciding who can try the case and which law will be applied .
For example: Brazil can judge a divorce even if one of the spouses lives abroad, as long as there is a link with the country , such as Brazilian nationality or assets located here.
But there is one detail that confuses many couples:
Even if the divorce is recognized abroad, it is only valid in Brazil after being approved by the STJ (Superior Court of Justice) . It's as if the marriage had two endings: one in the country where it ended emotionally, and another in the country where it needs to end legally.
The second challenge: heritage in two countries
Imagine a couple with an apartment in Lisbon and another in São Paulo.
The Brazilian judge can only decide on assets located in Brazil , the rest will depend on foreign legislation.
Therefore, international wealth planning is essential .
Without it, heirs may be harmed, divisions of inheritance may be blocked, and even bank accounts may be frozen for years.
A simple metaphor helps to understand:
“It's like trying to divide a map when each piece belongs to a different country, without coordination, no one wins.”
What about the children? Who decides where they stay?
When there are children with dual nationality or shared residence , the issue becomes even more sensitive.
In these cases, Brazil follows the Hague Convention , which protects the interests of the child and seeks to avoid disputes between countries.
But in practice, decisions about custody and cohabitation require dialogue and legal strategy, especially if one parent wants to move to another country.
What matters most is the child's well-being , not the will of adults.
The solution: plan the end before it begins
Talking about international prenuptial agreements or estate planning between countries may seem cold, but it is actually an act of maturity and protection.
Love can cross oceans, but justice needs clear borders .
And the more global a couple's life becomes, the more local legal attention must be.
Conclusion
International divorce shows that the end of love is not always the end of the story.
When the couple understands that “until the law separates us” can involve two legislations, respect and predictability take the place of confusion .
Separating with conscience is as important as marrying with love.
by Chagas Advogados
✨ New beginnings guided by the law, and by those who care.



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