At the end of October, the 13th Brazilian Congress on Family and Succession Law took place, an event that brings together the most renowned jurists in the field of family law to discuss relevant topics. At this year’s meeting, divorce was a prominent topic in the statements presented by the Brazilian Institute of Family Law (IBDFAM).
Ruling 45 established that even if one of the parties dies, the divorce action should not be dismissed without a resolution of the merits. This understanding is extremely important, as it ensures the divorcing party maintains their status as divorced rather than widowed.
Another noteworthy statement is No. 46, which provides for the possibility, exceptionally, of decreeing a divorce under provisional relief, without hearing the opposing party. In practice, we have already encountered court decisions along these lines, but very rarely.
Although the statements do not have the force of law, they have significant weight in the progress of Family Law and contribute to the conviction of judges in practical cases.
