The National Council of Justice (CNJ) published CNJ Resolution 571/2024, which provides for the partial amendment of the CNJ Resolution 35/07. The changes simplify the extrajudicial processing of consensual divorces, inventories and assets division. Check out the main changes:
INVENTORY AND ASSET DIVISION
MINORS AND INCAPACITATED
Probate and asset division involving minors and incapacitated persons can now be conducted extrajudicially if:
- There is consensus among the parties (the Judiciary should be involved in case of disputes over asset division);
- The division is made in ideal shares; and
- The Public Prosecutor's Office issues a statement .
WILL
- Extrajudicial probate with a will is allowed, as long as there is prior judicial approval and consensus among the parties.
EXEMPTION FROM JUDICIAL AUTHORIZATION
- Executor no longer need judicial authorization to sell the deceased's assets.
- Transactions must be authorized by public deed and follow specific requirements.
DIVORCE AND DE FACTO SEPARATION
CONSENSUAL DIVORCE: MINORS AND INCAPACITATED
- It can be formalized in a notary's office.
- The parties must be aware of the consequences of divorce, including the termination of the conjugal partnership or the marriage bond.
- Discussions about custody, alignments and family life should resolved in court.
DE FACTO SEPARATION: FORMALIZATION
- Possibility of formalizing the separation by public deed.
- De facto separation is now recognized as a time frame, as it configures the extinction of rights and duties of the marital bond.
- Registration can be made in the margin of the marriage registration or declaratory act of stable union.
The new measure aims to accelerate, simplify and modernize procedures to reduce the volume of non-litigious cases in the Judiciary, while also promoting greater harmony in family and succession matters.
The changes were approved by key organizations such as the Federal Council of the OAB, the Notarial College of Brazil and the National Association of Registrars of Natural Persons.
