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Practice

Family and succession matters across borders

A divorce decided in Australia, an inheritance in Brazil, a will that must work in three countries — matters where the law of one place is not enough, handled by a lawyer admitted in each.

AustraliaNew ZealandPortugal · EUBrazil

Families that live between countries leave legal questions in both. An Australian divorce must be recognised in Brazil before either party can remarry there; an estate with property in Portugal and Australia needs two sets of succession rules reconciled; a will drawn in one country may fail in another.

We advise on the family and succession law of each jurisdiction, obtain recognition of judgments and documents, and run probate and estate administration in Brazil and Portugal for clients living in Australia.

Who this is for

  • Couples separating with assets in two countries
  • Heirs to an estate in Brazil or Portugal living in Australia
  • Families planning succession across jurisdictions
  • Lawyers needing foreign-law input on a family matter

What we do

  • Divorce and property settlements with assets in more than one country
  • Recognition of foreign divorces and judgments (including STJ homologation in Brazil)
  • Parenting arrangements and relocation of children between countries
  • Wills and estate planning across jurisdictions
  • Probate, inventário and estate administration in Brazil and Portugal
  • Powers of attorney, apostilles and sworn translations for use abroad

How it works

Consultation across both systems

We set out how each country's law treats the matter and where they conflict.

Documents and recognition

Judgments, certificates and powers of attorney are prepared, legalised and lodged for recognition where needed.

Resolution

Settlement, court orders or estate distribution are completed and registered in every country involved.

Questions

Is my Australian divorce valid in Brazil?

Only after it is recognised (homologated) by the Superior Court of Justice. We prepare and lodge that application.

Can an estate in Brazil be administered from Australia?

Yes, through a power of attorney to a lawyer admitted in Brazil; we act as that lawyer and report to you throughout.

Do I need separate wills for each country?

Often yes, drafted so they do not revoke each other. We advise on the structure that suits your assets.

Talk to us about family & succession across borders.

A short message with the countries involved is enough to start. We reply within one business day.