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Prenuptial Agreements

Partial Property Ruling

married-with-bagageThis is the usual system, as established by Law.

This system establishes that all property acquired after the wedding will belong jointly to the couple. However, all property owned by each spouse prior to their marriage will remain one’s own individual property, including any property that is acquired during marriage with resources or rights whose origin dates prior to the marriage, such as an inheritance.

Important: The property ruling system may be changed after the marriage by means of a judicial order and subject to the mutual agreement of both spouses.

The Separate Property Ruling is mandatory for marriages between persons of over 60 years of age, and for those under 16 years of age.

Community Property Ruling

By this system, all property of both spouses, whether owned prior to marriage or acquired during their marriage, belongs jointly to both spouses.

To begin the Qualification Process for Civil Marriage under this system, it is necessary that the couple sign a deed of Antenuptial Agreement at a Notary Public.

Important: The property ruling system can be changed after the marriage by means of a judicial order and subject to mutual agreement of both spouses.

The Separate Property Ruling is mandatory for marriages between persons of over 60 years of age, and for those under 16 years of age.

The cost for the Antenuptial Agreement signed at the Registry is R$ 228.46, and each certificate will cost R$ 34.75. If it is to be signed at an outside location (at home, or office, etc.) the cost is R$ 456.92.

Separate Property Ruling

By this system, the property of each spouse, whether owned prior to their marriage or acquired thereafter, will always remain as one’s individual property.

To begin the Qualification Process for Civil Marriage under this system, it is necessary that the couple sign a deed of Antenuptial Agreement at a Notary Public.

Important: The property ruling system can be changed after the marriage by means of a judicial order and subject to mutual agreement of both spouses.

The Separate Property Ruling is mandatory for marriages between persons of over 60 years of age, and for those under 16 years of age.

The cost for the Antenuptial Agreement signed at the Registry is R$ 228.46, and each certificate will cost R$ 34.75. If it is to be signed at an outside location (at home, or office, etc.) the cost is R$ 456.92.

Final Partition of Acquisitions

By this system, the property of each spouse, whether owned prior to their marriage or acquired thereafter, will always remain as one’s individual property, as in the Separate Property Ruling.

However, upon dissolution of this marriage (by divorce or death of spouse), all marital property – that which was acquired during their marriage – will be divided equitably.

Under this system it is also necessary for the couple to sign an Antenuptial Agreement at a Notary Public.

Important: The property ruling system can be changed after the marriage by means of a judicial order and subject to mutual agreement of both spouses.

The Separate Property Ruling is mandatory for marriages between persons of over 60 years of age, and for those under 16 years of age.

The cost for the Antenuptial Agreement signed at the Registry is R$ 228.46, and each certificate will cost R$ 34.75. If it is to be signed at an outside location (at home, or office, etc.) the cost is R$ 456.92.


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