The Brazil-US Legal Bridge: Solving Cross-Border Conflicts

Navigating the Intersection of New York and Brazilian Law

When your life spans two countries, a standard divorce or property settlement is rarely enough. Whether you are a Brazilian national living in Manhattan or a New Yorker with significant investments in São Paulo, you face a complex collision of two different legal worlds: New York Common Law and Brazilian Civil Law.

At the Law Offices of Norka M. Schell LLC, we provide a unique “Legal Bridge.” As a firm dually licensed in New York and Brazil (OAB/MG), we don’t just understand the language; we understand the conflicting mechanics of both systems.

The Great Conflict: Property Division

One of the most common points of friction for international couples is how assets are categorized and divided.

New York: Equitable Distribution

In New York, the court follows the principle of Equitable Distribution. This means the court looks at the marriage as an economic partnership and divides “marital property” in a way that is fair, though not necessarily a 50/50 split. The court considers factors like the length of the marriage, each spouse’s contribution, and future earning capacity.

Brazil: The “Regime de Bens”

In contrast, Brazil operates under strict statutory Marital Property Regimes. If you did not sign a prenuptial agreement, the default is usually Comunhão Parcial de Bens (Partial Community of Property). Under this regime:

• Assets acquired during the marriage are typically split exactly 50/50, regardless of who earned the money or whose name is on the title.
• Inheritances and pre-marital assets usually remain separate, but the increase in value or the income generated from them (like rent from a Brazilian villa) can become communal.

The Risk: Without a dual-lens strategy, you could be double-charged on assets or find that a New York court order is completely unenforceable regarding your Brazilian real estate.

Why You Need a Dually Licensed Advocate

Most NY attorneys will require you to hire separate “local counsel” in Brazil, leading to communication gaps and doubled fees. We resolve this by providing:

• Homologação de Decisão Estrangeira: We ensure your New York divorce decree is drafted correctly so it can be recognized by the Superior Court of Justice (STJ) in Brazil. Without this, Brazil may still consider you “married,” preventing you from selling property or remarrying in Brazil.
• Asset Offsetting Strategies: If a New York judge cannot directly seize property in Minas Gerais, we negotiate “offsets”—awarding one spouse more of the New York liquid assets in exchange for the other spouse keeping the Brazilian real estate.
• Hague Convention Mastery: If children are involved, we navigate the complex international treaties governing child abduction and cross-border visitation.

Bridging the Gap for 30 Years

Attorney Norka M. Schell brings over three decades of experience to the table. We speak Portuguese, Spanish, and English, ensuring that every nuance of your Brazilian “Pacto Antenupcial” or New York “Prenup” is protected.

Don’t let your global assets get lost in translation. Schedule a Brazil-US Strategy Session | Call (212) 258-0713;