Document 36 - Amendment to the Civil Code - RJ

The law postpones the effectiveness of the so-called divorce amendment by one year, from 1 January 2026 to 1 January 2027, with the exception of two specific points that will come into effect in 2026. The aim is to ensure sufficient time for the preparation of courts, OSPODs, mediators and other experts so that changes in divorce proceedings take place uniformly and without legal uncertainty.

The explanatory memorandum emphasizes that the amendment has not yet resolved highly conflicting disputes and that the postponement will allow for the refinement of methodologies and procedural adjustments. The text removes the original claims about compliance with international treaties and about the impact on security, which indicates a modification of the justification, not a substantive change in the content of the law.

According to the proponents, the postponement has a positive social impact, especially on families with minor children, and does not entail a financial or administrative burden.