There are two common matrimonial property regimes in Brazil: Comunhão de Bens and Separação de Bens. Whereas in the United States, the regimes are dictated by state law, in most cases in Brazil, a couple may choose their regime.
To select, just go to the notary office where the marriage will be filed and inform the notary about your choice. Not sure which notary office to go to? Click here to learn more. You may need to formalize your selection in a publicly filed prenuptial agreement.
Here’s a summary of the Comunhão de Bens and Separação de Bens regimes.
Comunhão de Bens
This property regime is divided into Parcial and Universal. With Parcial, all property purchased during the marriage belongs to each partner equally. This is the default rule that’ll apply if a couple doesn’t choose a regime.
On the other hand, with Universal, assets owned by each person before the marriage, as well as all property acquired during the marriage, belongs to each partner equally.
Interested in seeing how this would apply in real life? Check out our next article.
Separação de Bens
This property regime is divided into Convencionada and Obrigatória. In both cases, property acquired before and during the marriage belongs to an individual partner as opposed to being shared by the couple.
Like Comunhão de Bens, a couple can choose the Separacão de Bens regime. However, in the case of the elderly (70 or older), this regime is mandatory.
Want to see an example of how this works? Stay tuned to our next post.
Remember that these different regimes apply not only to marriages but also to cohabitation relationships known as união estável.
Before you get into a relationship, make sure you know and discuss your options. Whatever you choose at the start will ultimately determine what happens in the unfortunate event of a divorce.
As an expert in law and legal systems, particularly focusing on matrimonial property regimes worldwide, I have a thorough understanding of various systems, including those in Brazil and the United States.
In Brazil, there are two primary matrimonial property regimes: Comunhão de Bens (Community of Property) and Separação de Bens (Separation of Property). These regimes govern how assets and property are handled during a marriage or cohabitation. Couples in Brazil typically have the autonomy to select their preferred regime by visiting a notary office where their marriage will be filed.
Let's break down the concepts related to the article:
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Comunhão de Bens:
- Parcial: Under this category, all property acquired during the marriage is jointly owned by both partners. It's the default rule applied in the absence of a chosen regime.
- Universal: Here, not only assets acquired during the marriage but also those owned individually before the marriage are equally shared between both partners.
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Separação de Bens:
- Convencionada: This type allows for property acquired before and during the marriage to remain the individual possession of each partner.
- Obrigatória: This regime mandates that partners, especially those aged 70 or older, keep their assets separate before and during marriage.
These regimes are not only applicable to marriages but also to cohabitation relationships known as "união estável" in Brazil. Choosing a regime or understanding the default rules is crucial because it dictates how property will be divided in the event of a divorce or separation.
Understanding these concepts is pivotal before entering a relationship or getting married. It's recommended to discuss these options thoroughly and even consider formalizing the selected regime through a publicly filed prenuptial agreement to avoid potential disputes in the future.
Feel free to ask if you need more specific details or further clarification on any aspect of these matrimonial property regimes.
FAQs
Brazil recognizes two main marital regimes. The “Comunhão Parcial de Bens” or Partial Community of Property regime means all assets and debts acquired during the marriage are communal. The “Separação de Bens” or Separation of Assets regime lets each spouse keep their assets and financial responsibilities separate.
How does marriage work in Brazil? ›
In Brazil, legally valid marriages are performed at a notary public's office (cartório). The notary public can provide information about the documents you require. Same-sex couples can get married in Brazil.
Is a marriage in Brazil legal in the US? ›
The United States has no national registration of marriages, foreign or domestic. U.S. states recognize marriages performed in other states and in other countries. If your marriage was legally performed in the country or state where you got married, then the marriage is recognized in the United States.
Does Brazil have common law marriage? ›
Overall, while there is no legal recognition of Common Law Marriage in VA in Brazil, cohabiting couples may still have some legal rights and protections in certain circ*mstances. It is always recommended to consult with a lawyer for specific advice on your individual situation.
Is polygamy illegal in Brazil? ›
Brazil: Bigamy is illegal. The marriage of a single individual to more than one other person is prohibited by law as bigamy, which is punishable by two to six years of imprisonment, and is valid for every Brazilian citizen, including naturalized ones. De facto polygamy is not outlawed.
What age can girls get married in Brazil? ›
What is the minimum legal framework around marriage? While 18 years is the minimum age of marriage, under the Civil Code 2002, both girls and boys who are 16 years old can marry with the consent from either parents or their legal representatives.
Is divorce common in Brazil? ›
In 2021, divorces in Brazil amounted to 386,813, a considerable increase compared to the previous year. In addition, more than 932,000 marriages were registered in Brazil in 2021, an increase of 23 percent over the previous year.
Is divorce illegal in Brazil? ›
Yes. As long as one is married, one will be able to apply for a divorce in Brazil. What are the Grounds for Divorce in Brazil? It is worth noting that after the Constitutional Amendment 66/2010, there is no longer a need to satisfy any legal requirement for a divorce.
Is divorce easy in Brazil? ›
Do you need to go to court? Maybe, but not really. Depending on the circ*mstances it is possible to divorce in an administrative way in a place we call in Portuguese “Tabelionato de Notas”, kind of a Notary's Office. It is a simple, effective and easy way to divorce.
Do Brazilians marry quickly? ›
Dating and Marriage
Once people are young adults, they usually date for one to three years before deciding to become engaged. Since Brazil is quite a class-conscious society, people will generally marry from a similar social background.
Polygamy is illegal in Brazil, but because these three people won't enjoy all the rights of a married couple, it may not technically count as polygamy. Their civil union document, for example, doesn't bestow any new parental rights to the third person if two members of the group conceive a child.
What is the family structure in Brazil? ›
Family is the foundation of the Brazilian social structure. The nuclear family has strong ties to the extended family, which includes cousins, aunts, uncles, grandparents, godparents (padrinhos) and close friends. The family unit is very diverse but, generally, it tends to be small and nuclear.
What happens if an American marries a Brazilian? ›
Benefits of Brazilian Permanent Residency by Marriage
No need for any type of visa: while countries such as the US will require visas for a spouse of a US citizen, Brazil will give spouses of Brazilian nationals an option to apply for permanent residency without any prior visas.
How long do marriages last in Brazil? ›
Nearly half of divorces registered in Brazil in 2020 were of marriages with less than ten years. About 26 percent of marriages that came to an end in 2020 had lasted 20 years or more. That year, there were a total of 331,185 divorces in the country.
How does divorce work in Brazil? ›
If the divorce is amicable and there are no children, it can be granted at a notary´s office (called “Cartório” in Brazil). Still you would need an attorney, but the process is less complicated than if it is to be in the courts. If the couple has minor children, the divorce can only be granted through the Judiciary.
What are the rules for divorce in Brazil? ›
As long as one is married, one will be able to apply for a divorce in Brazil. What are the Grounds for Divorce in Brazil? It is worth noting that after the Constitutional Amendment 66/2010, there is no longer a need to satisfy any legal requirement for a divorce. Presence of a 3rd party.
