Justice SP)
"Marriage in the U.S. is held valid and former spouses should share assets
• Sunday, 09/15/2013
The 7th Chamber of Private Law TJ / SP dismissed the appeal and understand existing and valid marriage performed in the U.S., even without registration in Brazil. Also determined to share three of the four properties acquired during marriage.
The woman turned to TJ claiming the divorce petition would be legally impossible, since the marriage took place in another country and was not registered in Brazil. He further claimed that the fact that over sixty years at the time of celebration, would establish a regime of separation of property required.
By analyzing the resource, the class judging understood and valid existing marriage, stating that the approval of the act in the national territory "is indispensable only for the enforceability erga omnes of marriage is irrelevant - for obvious - between spouses, linked to its effectiveness inter partes ".
The judges also considered that even in the regime of mandatory separation of property, under the correct reading of the Supreme Court docket 377, would be unremovable sharing of net assets formed through the joint efforts of the parties. "Nothing concrete is produced along the instruction that was able to show that the properties belong only to the defendant, especially since this was only a sole property acquired after the marriage, which is curious," said the spokesperson for the appeal, Judge Ferreira da Cruz ".
Access: 09.15.2013