The 5th Family and Succession Court of the Court of Justice of the State of São Paulo, District of São Paulo, judged, on May 29, 2023, the action brought by a client, through Botinha and Cabral, with a request for annulment of marriage.

The plaintiff, a Brazilian woman, married a Danish man in Brazil, under the partial division of assets regime. While organizing the documentation to apply for her husband’s permanent visa, she discovered that the man she married had an extensive list of crimes committed abroad, having even been involved in one of the best-known drug trafficking cases from Denmark.

After the discovery, the man returned to Europe and the woman no longer had personal contact with him. From then on, the entire marital dynamic changed, the contact between the parties became difficult and scarce, leading to a complete loss of contact, without their formal marital bond having been ended.

In the lawsuit, which was filed in July 2021, documentary and testimonial evidence was produced. Although the husband was summoned electronically, the defendant refrained from appointing an attorney and did not manifest in the case, which is why his absence was declared.

The request for annulment was based on a defect in the will of the spouses, due to an essential error regarding the person of the other spouse. This is because the woman who married in good faith was completely unaware of her husband’s real identity, as well as the crimes he committed, making married life unbearable.

Also, the 2nd Family and Succession Court, of the Court of Justice of the State of São Paulo, District of São Paulo, judged, on July 25, 2023, the action for nullity of the marriage, due to infringement of impediment, filed by a American client, through Botinha and Cabral, our office.

The wedding was celebrated between a Brazilian woman and an American man, who met in the United Kingdom, got married in Brazil and went to live in the United States of America.

However, it was discovered that the marriage celebrated took place during the woman’s first formal marriage, with a Portuguese citizen, celebrated in London, in the United Kingdom, and not registered in Brazil. Therefore, she was prevented from entering into a new marriage.

In the action, the matters discussed involved the application of Brazilian law to the case, the validity of the marriage celebrated in London, the rules preventing marriage celebrations in Brazil and the counterclaims raised by the defendant, namely: compensation for moral damages, due to the proposition of the nullity action, and recognition of putative marriage, due to the good faith of the parties in the celebration of the marriage.

The Court of First Instance handed down a sentence recognizing the formal impediment to the celebration of marriage and decreeing the nullity of the act, given the validity of a marriage celebrated abroad, even if it was not registered in Brazil. Furthermore, it decided that there was no putative marriage, since the wife was aware that the divorce from her first marriage had not been finalized, and rejected the request for compensation for moral damages.

In general, weddings are the result from a meeting between people who come to like and admire each other, and desire to live together. However, in addition to the common challenges faced by all couples, many others can be faced by those with different nationalities when there is no adequate legal guidance.

In a globalized world like ours, multicultural families are not rare, and in many cases they do not live in their countries of origin. Sometimes they get married in one country and go to live in another. Divorces occur and new families are structured in the most diverse territories. This results in the need to deal with different legislation and without appropriate legal techniques, they may face greater difficulties in the future.

Botinha e Cabral Law Office’s team is prepared to clarify doubts, to guide Brazilians and foreigners who experience multinational relations and to assist with demands in which Brazilian legislation is not adequately observed. The work is always carried out with respect for the history of each client, associated with a refined legal technique, for greater security on important decisions in their lives.

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