Brazil Prenuptial Agreements

“Most couples in Brazil will divorce before 15 years of marriage” (IBGE statistics)

When you are surrounded by the bliss of an imminent marriage with your loved one, it is difficult to think of the harsh realities of divorce. However, doing so can save both parties money, time, and heartache down the road. Prenuptial agreements in Brazil are designed to assist couples in deciding how their property and money will be divided in advance should they get a divorce. So long as these legal documents are drafted properly, they are honored in Brazil, the United States of America, and other courts around the globe.

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If you are interested in drafting a prenuptial agreement with your loved one, it is important to find an attorney that can help you draw it up. Prenuptial agreements are often used when one member of the married couple has significant assets, such as land, savings, or investments. Family law attorneys can help you negotiate and define the terms of a prenuptial agreement, and they can also do the same for antenuptial agreements, made after the marriage.

If you want a prenuptial agreement that is valid under both Brazilian and American law, it must be signed under the full agreement of both parties. Both parties must fully disclose all of their assets, and individual lawyers should represent both parties separately.

Deciding how Marital Property Should be Divided in Advance

When you are just starting to divide assets during a divorce, Brazilian and American law can dictate some divisions that do not seem entirely fair to either party. For example, the retirement account from a spouse may be pierced to compensate the other spouse for the growth attained during the course of the marriage. When you draft a prenuptial agreement, many of these issues may be avoided, and the divisions will be fairer. By drafting a prenuptial agreement, you and your spouse can protect the items and assets that are most important to you.

Main Advantages of the Prenuptial Agreement

Taking the time to get a prenup in place brings many benefits, such as:

• Brings peace of mind
• Creates a marriage property regime tailored to the couple
• Reduces the risk of post-marriage litigation
• May reduce the chances of a marriage motivated by financial interest
• Adapting the Brazilian marriage property system to match a regime from another country

Pacto Antenupcial

Pacto Antenupcial is how Brazilians call a prenuptial agreement. While it has the same goals of a prenuptial agreement in the US, in Brazil it must follow certain guidelines. While such agreements are usually shorter in Brazil, they must be formally recorded in one or more Brazilian cartorios (registry) to become enforceable:

• Tabelião de Notas: it is a cartorio dedicated to record and make available to the public notices such as prenuptial agreements.
• Cartório do casamento: this is the cartorio in charge of marriages.
• Registro de Imóveis: this is the cartorio in charge of real estate properties and records.

Prenuptial by Power of Attorney

It is possible to have a prenuptial agreement registered in Brazil through Power of Attorneys. However, each of the spouses will need to have their own representatives. The process is somewhat complex since multiple steps are required for the POA provided by the foreign spouse to be accepted in Brazil.

Additionally, we do not recommend since using a POA may increase substantially the chances of a prenuptial’s validity being disputed later on.

Protecting Your Child’s Property Rights

In some cases, prenuptial agreements are drawn up mainly to protect the rights a child has to his or her property. If you have children from a previous marriage, a prenuptial agreement might be wise. There have been many cases in the United States and Brazil in which a stepparent has disinherited children from a previous marriage to take on those from a new one.

Antenuptial Agreements

Antenuptial agreements are similar to prenuptial agreements in that they outline the terms of the divorce before it actually happens, but they are made after two people have already been married. Generally, these agreements are made to protect one member of the marriage from incurring the debts of their spouse. They might also be made to alter or reiterate the agreement made before the marriage.

If you intend to create a prenuptial or antenuptial agreement, you will want the service of an attorney to make sure your contract is thorough and legal.

Prenuptial Agreement in Brazil?
We Can Help

[email protected]
(214) 432-8100
+55-21-2018-1225

#1  Contact us to get a free quote, or
#2 Schedule a Consultation now.