In a recent decision issued by the Federal Supreme Court (“STF”) when judging Theme 1,053, within the scope of General Repercussion, the Supreme Court understood that legal separation no longer constitutes a prerequisite for a divorce.
The requirement for prior legal separation for a certain period of time before a divorce can be granted was included in the original wording of the 1988 Federal Constitution. However, the need for legal separation was eliminated by Constitutional Amendment 66/2010, which consequently removed the constitutional basis for the rules of the Brazilian Civil Code that still supported such a requirement.
With this, the STF facilitates the breaking of the marriage bond, which no longer depends on prior judicial separation, and divorce can be requested directly.
