CNJ authorizes extrajudicial probate and divorce proceedings involving minors.

It is now possible to execute inventory and divorce deeds even when minors or incapacitated individuals are involved.

With the aim of reducing bureaucracy and easing the burden on the Judiciary, on August 20th, the Plenary of the National Council of Justice (CNJ) amended Resolution No. 35/2007, which governs notarial acts related to inventories, separation, divorce, and dissolution of stable unions, allowing them to be carried out through public deeds, even when minors or incapacitated individuals are involved.

Until now, inventories and partitions involving heirs under 18 years of age or incapacitated individuals, and divorces concerning the interests of minors, such as alimony, custody, and visitation rights, could only be resolved through the courts.

From now on, the division of assets and divorces, even when minors are involved, can be done by deed, with Notary Offices responsible for verifying its content and refusing to execute it if there are indications of fraud or prejudice to one of the spouses.

Furthermore, after the deed is drawn up, the Notary’s Office must send it to the Public Prosecutor’s Office for review of its terms and approval of the act, ensuring that the interests of minors and incapacitated individuals are respected, dispensing with the need for judicial approval.

The requirement for consensus between the parties to use the extrajudicial route was maintained, as well as the participation of a lawyer, and no confidentiality was established in separation and divorce deeds, unlike judicial proceedings that are conducted under seal, where knowledge is only given to the parties and their lawyers.