The Possibility of Extrajudicial Inventory and Divorce with Minor Children

Introduction

The trend towards the extrajudicialization of Family and Succession Law in Brazil aims to simplify and expedite legal proceedings. Law No. 11.441/2007 allowed inventories and divorces to be carried out through a public deed, provided there is mutual agreement between the parties and no minor or legally incapable children are involved.

However, in 2024, new discussions have emerged regarding the expansion of this possibility. The National Justice Council (CNJ) and the National Judicial Oversight Office are currently analyzing alternatives that would permit such procedures even when minor children are involved, as long as all necessary legal protections are ensured.

The Evolution of Extrajudicialization

Previously, whenever there were minor or legally incapable children, inventory and divorce proceedings had to be resolved in court, regardless of whether the parties agreed. The primary reason for this requirement was to safeguard the best interests of the children, with the Public Prosecutor's Office acting as a legal guardian in such cases.

With the successful implementation of extrajudicial procedures and the positive experience of legal professionals and notaries in handling these matters, proposals have emerged to allow inventories and divorces to be conducted extrajudicially, even when minor children are involved.

Requirements for Extrajudicial Proceedings

While the regulation of this possibility is still under review, some proposed guidelines include:

1. Mutual Agreement Between the Parties – The inventory or divorce can only be processed at the notary's office if all involved parties agree. In case of any dispute, the matter must be handled in court.

2. Legal Representation – As in current extrajudicial divorces and inventories, the presence of a lawyer is mandatory to ensure that all parties' rights are protected.

3. Public Prosecutor’s Office Review – When minor or legally incapable children are involved, the Public Prosecutor’s Office must be consulted to verify that no harm is being caused to the children before the public deed is finalized.

4. Assessment of Potential Impact on Minors – Any financial or custodial matters affecting minor children must be carefully examined. If child support, custody, or visitation needs to be determined, the case may be referred to the judiciary.

Benefits of This Measure

Expanding the possibility of conducting extrajudicial inventories and divorces with minor children could offer several advantages:

✅ Faster Processing – Court proceedings can be lengthy, while extrajudicial procedures are quicker and more efficient.

✅ Reduced Bureaucracy – This would help ease the burden on the judiciary, allowing more complex cases to receive the necessary attention.

✅ Less Emotional Strain – Court cases tend to be emotionally draining and adversarial, whereas extrajudicial solutions offer a more amicable environment for resolving family and financial matters.

Conclusion

The possibility of conducting extrajudicial inventory and divorce proceedings even with minor children represents a significant advancement for Family and Succession Law in Brazil. As long as the best interests of the children are safeguarded and proper regulation is implemented, this alternative could make the legal system more efficient and accessible.

Lawyers play a crucial role in this process, guiding individuals on their rights and responsibilities and ensuring that all decisions are made thoughtfully and fairly.

📌 Do you have any questions? Feel free to contact me—I am available to assist you throughout this process!

📱 WhatsApp: (19) 9.9278-5069📧 Email: thais_marachini@hotmail.com