A dating agreement in Brazil may seem unusual at first.
However, this legal instrument has gained visibility among couples who want greater legal certainty and asset protection.
The main purpose of a dating agreement is to protect each partner’s individual assets. It allows the couple to expressly state that their relationship is a dating relationship and that, at that time, they do not intend to establish a family.
In this way, the agreement can bring more clarity to the nature of the relationship. It can also help avoid future uncertainty about whether a stable union exists.
Distinguishing a dating relationship from a stable union matters because, under Brazilian law, a stable union may produce legal and property effects similar to marriage.
A dating relationship, by itself, does not establish a property regime. It also does not produce the same legal effects.
This distinction can be challenging in practice.
If a stable union is recognized and there is no written agreement establishing a different property regime, the partial community property regime may apply. Under this regime, partners may have property rights over assets acquired during the stable union, as well as inheritance rights in case of death.
A dating agreement must reflect the reality of the relationship.
It cannot be used to prevent the recognition of a stable union that already exists in practice.
Certain elements must be present for a relationship to qualify as a stable union. Still, it is not always easy to determine when a relationship has stopped being only a dating relationship and has started to present those elements.
For that reason, understanding how a dating agreement in Brazil works, including its effects and limits, can be important for asset protection at the beginning or during a relationship.
Dating and Stable Union in Brazil: What Is the Difference?
Article 1,723 of the Brazilian Civil Code establishes four elements for a relationship to be characterized as a stable union:
- public coexistence;
- continuous coexistence;
- long-lasting coexistence;
- intention to establish a family.
In simple terms, the law looks at whether the relationship is known to people around the couple, continues over time, lasts for a meaningful period, and has the purpose of establishing a family.
In a legal dispute, these elements tend to be analyzed together.
The specific circumstances of each relationship matter.
However, from a legal perspective, the intention to establish a family is the main distinguishing factor between dating and a stable union.
Brazilian law does not specifically define what constitutes a dating relationship.
Based on the legal definition of stable union, dating can be understood as a relationship in which the intention to establish a family is not present.
In practice, this distinction is not always easy.
A dating relationship may also be public and long-lasting. It may also have characteristics that resemble a stable union.
Brazilian courts have recognized the concept of “qualified dating,” or namoro qualificado.
This refers to a serious dating relationship in which the couple may have plans to marry, establish a family, or take other steps in the future.
However, the key point is that the couple has not yet formed a family entity at that time.
There is no single factor that determines when dating becomes a stable union.
That is why a dating agreement in Brazil can be useful. It allows couples to document their intentions and the characteristics of their relationship at a specific moment.
Is There a Minimum Time for a Relationship to Become a Stable Union?
No.
There is currently no legal rule or settled case law that sets a minimum period for a stable union to be recognized.
A dating relationship also does not automatically become a stable union after a certain number of months or years.
Time can be one element in the analysis.
However, time alone does not determine when dating ends or when a stable union begins.
The duration of the relationship must be considered together with the other legal requirements. The intention to establish a family is especially important.
Depending on the circumstances, a relatively recent relationship may be recognized as a stable union.
At the same time, a relationship that has lasted for several years may remain a dating relationship.
Does Living Together Automatically Create a Stable Union?
Not necessarily.
Living together, by itself, does not establish a stable union.
Spending long periods at a partner’s home, traveling together, keeping personal belongings at each other’s homes, or sharing certain expenses also does not automatically transform dating into a stable union.
During the pandemic, dating agreements gained more visibility.
Many couples started living together during that period. Some did so for financial reasons, some because of the circumstances of the time, and others simply wanted to remain together during isolation.
Even so, the main question is not only whether the couple lives in the same residence.
The more important issue is the reality of the relationship and whether the other elements of a stable union are present, including the intention to establish a family.
Can a Dating Agreement Prevent a Stable Union?
It depends.
A dating agreement can serve as highly relevant documentary evidence in a legal dispute.
However, signing a dating agreement does not provide absolute protection against the recognition of a stable union.
This is especially true if the elements of a stable union already exist in practice.
In Brazilian family law, the reality of the facts plays an important role.
For this reason, a dating agreement should reflect the couple’s actual intentions and the circumstances of the relationship at the time of signing.
When a couple expressly documents the nature of the relationship, the agreement can show more than the existence of dating.
It can also show how the parties themselves understood the relationship at that moment.
This can be especially relevant in longer relationships or in relationships that share some characteristics with a stable union.
A dating agreement in Brazil should be drafted according to the specific circumstances of each couple.
More than simply saying that no stable union exists, the agreement should accurately reflect the relationship as the couple actually lives it.
What Happens if the Relationship Changes After Signing?
A dating agreement does not prevent the relationship from evolving.
Two people may sign a dating agreement and later decide to establish a family, enter into a stable union, or get married.
The dating agreement records the parties’ intentions and the reality of the relationship at the time of signing.
If the relationship changes, the document may no longer reflect the couple’s current reality.
In that situation, it may no longer be enough to characterize the relationship as dating.
For that reason, the document should continue to reflect the couple’s actual situation.
If significant changes occur, the parties may need to reassess how they intend to organize their relationship legally and financially.
Can a Dating Agreement Include Property Provisions?
Yes.
This is one of the main points raised by couples who choose to enter into a dating agreement.
A specific provision about the property regime may be important if the dating relationship is later recognized as a stable union.
That recognition may happen by the parties’ own decision or through a court decision.
This matters because Brazilian law generally applies the partial community property regime when there is no written agreement between stable-union partners.
In general terms, this means that assets acquired during the stable union may become part of the couple’s common property and may be subject to division if the relationship ends.
Article 1,725 of the Brazilian Civil Code allows partners to establish, through a written agreement, property rules that differ from partial community property.
For this reason, property provisions should consider the specific circumstances of the relationship and the couple’s reality at the time of signing.
For related planning, couples may also need to understand marital property regimes in Brazil and how they differ from dating arrangements.
Does a Dating Agreement Need to Be Notarized in Brazil?
Not necessarily.
A dating agreement may be executed as a private agreement or as a public deed before a Brazilian Notary Office.
Both forms may serve as documentary evidence in a potential dispute about the recognition of a stable union.
The choice of format depends on the characteristics of the relationship and the parties’ objectives.
A public deed may provide a greater degree of formality and evidentiary certainty because a Notary Office issues it as an official document.
However, the parties may also choose a private agreement.
In that case, they may have their signatures notarized and register the document with the Registry of Deeds and Documents.
The main distinction concerns the validity of the document between the parties and its potential effects before third parties.
A private agreement may produce effects between the parties even without registration.
However, registering the document and making it part of the public record may be necessary for certain effects before third parties, especially when the agreement includes property provisions.
There is no single formalization method that is best for every dating agreement.
The decision should consider the content of the document, the parties’ goals, and the specific circumstances of the relationship.
Some notarial acts in Brazil may also be handled through e-Notariado, depending on the act, the notary office, and the parties’ situation.
Who Should Consider a Dating Agreement in Brazil?
There is no specific type of couple for whom a dating agreement is intended.
This instrument is available to couples in a dating relationship who want to document the nature of that relationship more clearly and seek greater asset protection.
A dating agreement may be particularly relevant for people who:
- own personal assets or businesses;
- have been married before;
- have children from previous relationships;
- are in a long-term relationship;
- share a certain level of daily life;
- do not currently intend to establish a family.
This type of agreement can also be relevant for international couples.
When a foreign national is in a relationship with a Brazilian, they may not be familiar with the concept of stable union or with the effects of Brazilian law.
Understanding the nature of the relationship and its possible legal effects can help the couple decide whether a dating agreement makes sense for their circumstances.
This can be especially important for foreign clients with family matters in Brazil.
Conclusion
A dating agreement in Brazil can be an important tool for couples who want to document the nature of their relationship and seek greater legal certainty and asset protection.
However, the existence of a dating agreement does not provide an absolute guarantee against recognition of a stable union.
The document must reflect the reality of the couple’s relationship.
It should also be drafted according to the specific circumstances of that relationship.
Both parties should agree to the provisions in the document and understand their legal effects.
Legal assistance can help the couple evaluate whether a dating agreement is appropriate and draft provisions that match the couple’s objectives and actual circumstances.
If you are considering a dating agreement in Brazil and want to understand how it may apply to your relationship, contact Oliveira Lawyers for a case review.