Cost of Divorce: Total Amount and Detailed Survey

Divorce is a delicate process that, in addition to causing emotional distress, can significantly impact the finances of both parties. Many people wonder how much a divorce costs and what the fees and expenses involved are.

In this article, we will explore the different financial aspects of divorce, including the need for lawyers and the costs associated with each type of divorce in Brazil.

Read on and find out how much divorce costs.

How much does it cost to get a divorce at the registry office?

To begin the divorce process, you must obtain an updated marriage certificate from a notary public. Costs vary by region.

In São Paulo, for example, this service can cost from R$ 113.90, reaching R$ 200 in other locations.

It is worth noting that this certificate can be obtained at any registry office, but it is more economical at the registry office where the marriage was originally registered.

Another important point is that this cost is related to the certificate. You may incur several other costs related to getting a divorce.

What are the expenses involved in a divorce?

In addition to the updated marriage certificate, other expenses may arise during the divorce process. These expenses include:

• Divorce Deed: For out-of-court divorces, where there is no court involvement and the process is amicable, fees must be paid to issue the deed. If there are no assets to be divided, this fee is reduced. In São Paulo, for example, in 2023, a divorce deed without division of assets costs approximately R$1,400,548.68, but the cost increases proportionally to the total value of the declared assets.
• Attorney's Fees: Even in out-of-court divorces, the presence of a lawyer is mandatory. Fees vary depending on the complexity of the case and follow the Brazilian Bar Association (OAB) guidelines.
• Taxes on the Division of Assets: If assets are to be divided, the couple should be prepared to pay taxes on the transferred assets. The Tax on Transfers Due to Death and Donations (ITCMD) is typically charged, ranging from 2% to 8%, depending on the region. The Real Estate Transfer Tax (ITBI) may also be applied to property transfers.
• Records for Transfer of Real Estate or Companies: Transferring properties or businesses during the division of inheritance generates additional registration fees. These fees vary depending on several factors, including the division agreement and the value of the assets.
• Court Costs: In judicial divorces, whether consensual or contested, court fees are charged by the court. Amounts vary depending on the jurisdiction and the complexity of the case.
• Extra Costs: It is important to consider additional divorce costs, such as filing, transportation, copying, and printing documents, which may arise throughout the process.

Do you need to have a lawyer involved?

Yes, it is necessary to have a lawyer for any type of divorce, even out-of-court divorces.

This process is essential to guarantee the rights of both parties and that it occurs correctly, ensuring that the law is complied with.

However, the amount of legal fees varies depending on the complexity of the case.

And if the divorce is amicable, do you still need a lawyer?

If the divorce is amicable, where the parties involved agree to all the terms of the separation, the presence of lawyers may not be strictly necessary in all cases.

It is possible to carry out an extrajudicial divorce, which takes place directly in a registry office, without the need for a legal process, when the parties are in agreement.

However, even in an amicable divorce, the presence of a lawyer may be recommended for several reasons:

• Legal Guidance: A lawyer can provide legal guidance to ensure that all legal and financial matters are properly handled and that the interests of both parties are adequately protected.
• Documentation: Lawyers can assist in preparing legal documents, such as divorce agreements, ensuring they comply with local laws and address all aspects of the divorce, such as property division, child custody, and alimony.
• Fair Trading: A lawyer can help ensure that negotiations between the parties are fair and balanced, preventing one party from being disadvantaged.
• Deadlock Resolution: Even in amicable divorces, unexpected impasses or disagreements can arise. In these cases, a lawyer can mediate the resolution and help find solutions that satisfy both parties.
• Protection of Rights and Interests: A lawyer can protect the rights and interests of his clients by ensuring that all legal matters are handled in accordance with applicable law.

While not strictly required in all amicable divorce cases, having a lawyer present can provide security and ensure that the process is handled fairly and legally sound.

Laws and regulations regarding the need for lawyers in amicable divorces may vary from location to location, so it is advisable to consult a lawyer to understand the specifics of the jurisdiction in which the divorce will be conducted.

How much does a divorce lawyer cost?

In out-of-court divorces, fees are usually more affordable, starting around R$ 1,500. In contrast, in court divorces, especially contentious ones, fees can easily exceed R$ 4,000.

If the parties do not have the financial resources to hire a lawyer, the Public Defender's Office can offer free representation.

What are the types of divorce?

There are three main types of divorce in Brazil:

• Extrajudicial Divorce: This is the simplest type and takes place directly in a notary's office, without the involvement of the court. However, it is not permitted for couples with minor or incapacitated children.
• Consensual Judicial Divorce: This is done through a court action, but in an amicable manner. It's the only option for couples who agree to the process but have minor children. The costs are higher, and the process is more bureaucratic than the out-of-court process.
• Contested Judicial Divorce: This is the most complex type, involving courtroom disputes. The parties are unable to reach an agreement, resulting in conciliation hearings and judges' decisions. This is the most expensive type of divorce, generating high attorney fees and court costs.

How much does each type cost?

The costs associated with each type of divorce can vary significantly. Here are the average costs:

• Extrajudicial Divorce: This is the most economical type of divorce when both parties agree. The main costs include the updated marriage certificate (which ranges from R$113.90 to R$200 in São Paulo) and the divorce deed, which can cost around R$548.68 for divorces without division of assets, but this amount increases proportionally to the value of the assets to be divided. Legal fees can vary, but usually start around R$1,500.
• Consensual Judicial Divorce: This type of divorce involves higher costs due to the legal process. In addition to the costs of the updated marriage certificate, divorce decree, and attorney's fees, there are court costs, which can vary depending on the jurisdiction. Total costs can easily exceed R$1,000, depending on the complexity of the case.
• Contested Judicial Divorce: Contested divorce is the most expensive of all. It involves not only common expenses, such as an updated marriage license, divorce decree, attorney's fees, and court costs, but also additional costs related to court proceedings, such as conciliation hearings. Attorney's fees can be considerably higher than in other types of divorce.

Who should pay the divorce costs?

The responsibility for paying the costs of divorce generally falls on the parties involved.

In an amicable divorce, it's common for the parties to share the costs equally. However, these arrangements can vary depending on the negotiations between the parties.

In which cases should a man pay alimony?

In divorce cases involving child custody, the determination of who should pay child support is based on several factors, including the financial ability of both parties and the needs of the children.

It is not an automatic rule that the man must pay alimony, as the decision takes into account the financial situation of both spouses.

The purpose of child support is to ensure the well-being of children, and the amount is determined by the judge based on specific criteria. In many cases, both spouses may be required to contribute financially to the child's support, based on their individual financial circumstances.

Is there a free divorce?

In some cases, low-income individuals may be eligible for free legal assistance for divorce. The Public Defender's Office offers free legal assistance to those who cannot afford the cost of a lawyer.

However, the availability of this service may vary depending on the jurisdiction and the financial situation of the parties.

It is important to note that even in cases of free divorce, there may still be expenses related to notary fees and other administrative costs, although these amounts are significantly reduced compared to fully paid divorces.

The cost of divorce can vary widely based on the type of divorce and the individual circumstances of each case.

In addition to the financial costs, it is important to consider the emotional and legal implications of a divorce.

It's advisable to seek legal advice to better understand the costs involved and ensure the process is conducted in accordance with applicable law. Regardless of the type of divorce, the primary goal should be to achieve a fair and equitable resolution for both parties.

Frequently Asked Questions

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