玩偶姐姐

08/08/25 Do you retain what you brought into the marriage or in the case of divorce is it split irrespective of who had what at the start? - @ltoby955

There are four "regimes de bens" recognized under Brazilian law and one of them has to be chosen by the couple prior to the wedding; a pre-nuptial agreement acceptable to the cart贸rio can also be substituted.聽

The four "regimes" are:

1. Separa莽茫o de Bens -- assets acquired by either partner before or during the marriage remains the individual's own property.聽 There is no division of assets in the event of a divorce.聽 This regime is required for persons over 70 years of age, unless specifically renounced and the renunciation registered;
2. Comunh茫o Parcial de Bens -- assets acquired by either partner before the marriage remain the individual's own property and are not subject to division of assets.聽 Individual inheritances and gifts are not subject to division of assets.聽 Assets acquired after the marriage by either partner are considered to be owned by both and are subject to division of assets.
3. Comunh茫o Universal de Bens -- assets acquired by either partner whether before or during the marriage are the property of both and all are subject to division of assets.聽 Debts contracted by either partner also become the responsibility of both.聽
4. Participa莽茫o Final nos Aquestos -- Each partner owns his/her own property.聽 Each one has a right to half of the assets acquired by the couple during the marriage.

The same requirements apply to a Uni茫o Est谩vel.聽 It's my understanding that, in the case of an informal Uni茫o Est谩vel that acquires legal force with the passage of time but in which a regime de bens is never declared, comunh茫o parcial de bens is generally assumed.聽 Unless one of the partners was 70 or over when the relationship began:聽 then the assumption would be separa莽茫o de bens.

Interesting, is this also applicable to marriages outside of Brazil and then registred there reference over 70 years of age?

08/11/25 Interesting, is this also applicable to marriages outside of Brazil and then registred there reference over 70 years of age? - @ltoby955

That's probably determined by the ages of the partners at the time of the marriage, not by their ages at the time that they register the marriage at the Brazilian Consulate.

Ok we are planning to get married soon, I am 70 she is 58, we will marry outside of Brazil, she is Brazilain.

08/12/25 Ok we are planning to get married soon, I am 70 she is 58, we will marry outside of Brazil, she is Brazilain. - @ltoby955

Congratulations!聽 You should probably expect "Separa莽茫o de Bens" in that case.聽 聽To avoid any last-minute glitches, she as the Brazilian spouse should probably confirm with the Consulate what the requirements will be when you go there to register the marriage.

@abthree

Can she decide or do you follow the law, she will possibly opt for a cut, however I wouldn't want to risk this as she has no assets or pensions. If there was doubt a prenup before we marry abroad?

08/12/25聽 Can she decide or do you follow the law, she will possibly opt for a cut, however I wouldn't want to risk this as she has no assets or pensions. If there was doubt a prenup before we marry abroad? - @ltoby955

Only the Consulate can tell you authoritatively what your options are.聽 If you were both under 70, the Consulate probably wouldn't have an issue with a prenup; they would register it along with your marriage, and both would flow through the Consular Certid茫o to the cart贸rio and into your eventual Brazilian Marriage Certificate; that's how it worked for us.聽 Since you're 70, there may be an extra step required to let you out of the obligatory separation of assets for people 70 and above.

If you're planning on living abroad after you get married and not move to Brazil, none of this probably matters much, and everything will follow local law.

@abthree

Here it is a case of assets gained after marriage are split, the problem is its a touchy subject and one that would be better served if provision was in place legally in Brazil. is theer a link to this post 70 years legal provision, sorry for all the questions.

Interesting, is this also applicable to marriages outside of Brazil and then registred there reference over 70 years of age? - @ltoby955

Maybe your best option would be to suggest to her that you get married in Brazil, in your new town of residence, as a way to celebrate your new chapter in life? That might make her very happy, especially as she wants to move back here.

In that case, the law in Brazil dictates that (as you are over 70) you MUST get married in the regime of聽 "Seperacao de Bens", and all assets will remain separate before, during and after the marriage. That might save any awkward conversations...

@Peter Itamaraca

We are possibly two years out from moving to Brazil but getting married this winter all being well, I have a health situation to get over first, hence why assets are so important.聽 Thank you for the reply.

@ltoby955

As you plan to live in Brazil in the future, it still might make sense (and be easier estate planning-wise) to spend a little time in Brazil now, and get married while you are here...? Then return home for a couple of years before finally settling in Brazil.

08/13/25 Here it is a case of assets gained after marriage are split, the problem is its a touchy subject and one that would be better served if provision was in place legally in Brazil. is theer a link to this post 70 years legal provision, sorry for all the questions. - @ltoby955

No problem with the questions:聽 they clarify your situation and I don't want to steer you wrong.聽

This question makes even clearer the need to contact the Consulate before you get married and ask them what will be required to register the marriage.聽 An open-ended question should obtain a response related to regime de bens without ruffling too many feathers.聽 I don't believe that a couple can just show up at a cart贸rio in Brazil with a foreign marriage certificate that hasn't been registered at a Brazilian Consulate and expect it to be accepted there, especially if it has a regime de bens that's not legal in Brazil.聽 And if you want to get a VITEM XI visa, you're going to have to register the marriage at the Consulate anyway; you can request the visa at the same time.

@Peter Itamaraca's suggestion in Post #10 above to marry in Brazil has a lot to recommend it and can simplify the actual marriage process for you considerably;聽 the cart贸rio will tell you what the regime de bens has to be.聽 The downside is that you'll arrive as a tourist, not the spouse of a Brazilian, and you'll have to go through the whole Pol铆cia Federal process of obtaining your Authorization for Residency after the wedding, instead of the much-abbreviated process that VITEM XI holders enjoy.聽 If that's the path you take, be sure to arrive with all the documents you'll need with apostilles, and order your Sworn Translations ASAP after arrival.聽 Cart贸rios require a waiting period of 30 days between application for the marriage license and the wedding, so you'll be racing against the clock until your residency paperwork is accepted by the PF.

The link you requested is the one in Post #2 above.聽 There's not a better source than the Tribunal of Justice of the Federal District and the Territories, and it quotes the relevant sections of the C贸digo Civil in the lower part of the page.

@Peter Itamaraca

I just find the bearucracy a little bit ofputting, I made a name change for family reasons and where I live and Brazil is the same, they don't get the fact that in parts of the world this happens, it seems alien to them. So marrying where this is not an issue is a better option. I have to get over a few medical issues and the final decision will be taken then.

@abthree

Thanks, I will take a look at the link.

@ltoby955

Yes, the bureaucracy in Brazil can at times seem overwhelming, even a little unnecessary. But it is what it is, and when you delve deeper sometimes there can be quite logical reasons for it.

Easiest answer is to retain an enlish speaking attorney in Brazil to do all the legwork for you, and to protect your interests. I have a friend who also went through a name change, and he did everything for a permanent visa through an attorney, and had success without a hitch...

@Peter Itamaraca

I have made the name change and have passport etc, the problem is re going back donkeys years to get marriage, divorce, birth certs changed etc. If we get married before I believe I only need the marriage recognised in Brazil? My main concern is the division of assets, My partner has a solicitor who is a family friend and I would possibly look for an alternative. I speak Portuguese so the language is not such a problem.

@ltoby955

Great idea to retain your own attorney - just to make sure you are getting the best advice for your requirements and interests. I am uncertain how the assets would be split if the marriage occurs outside Brazil, and it is just "recognised" in Brazil, but your age may play to your advantage...

However maybe the best way to protect yourself is still to get married in Brazil, where you can be 100% of the asset protection, and leave nothing to chance...

@Peter Itamaraca

Hi Peter thanks but I will likely marry this December surgery permitting, my wife works and only gets two weeks off so it is impossible to fly to Brazil to marry.

@ltoby955

So I talked to an attorney friend here in Brazil on your behalf, and she advised that due to the 鈥渏us solis鈥� rule, whatever the regime or marriage agreement that is adopted when the marriage takes place, it would also be applied and recognised here in Brazil, no matter where the marriage actually takes place.

But she confirmed that you would have to be married under the separacao de bens here in Brazil, and that may also be the case in Portugal, since so many things are replicated betweeen the 2 countries. Best idea might be to check with an attorney in Portugal on this very question...

@ltoby955

The division of marital assets via separa莽ao de bens for those over 70 years of age is no longer legally obligatory,as a result of a decision of Brazil's Supreme Court last year, but it remains the default option.聽

Though codified in the Codigo Civil, the court ruled that the obligation was age discriminatory, as per their own site's news release:聽 聽

As @abthree has duly noted, an extra step would be required, in the form of a duly registered renunciation of this option, in order to obviate this default option.

Given your desire to avoid a potentially awkward situation with your partner in front of the consulado and/or cartorio,聽 you might want to weigh whether letting these entities know in advance of this choice would help further this objective (the caveat being that they might ask you both to confirm this option either way).

@Peter Itamaraca

I am planning to marry outside of Portugal but will look at a prenup. Thanks

@Marcos999

Thank you

@abthree

I married my Brazilian wife in the USA. To register our marriage in SP, Brazil, the Cartorio in SP, #1, required us to register our marriage at our regional Consulate in San Francisco. Once this was done, the Cartorio registration was fast, easy and did not require any translations.

Registering a divorce in Brazil is ENTIRELY DIFFERENT story. Sadly, I am now a pseudo expert on this subject.

08/21/25聽 I married my Brazilian wife in the USA. To register our marriage in SP, Brazil, the Cartorio in SP, #1, required us to register our marriage at our regional Consulate in San Francisco. Once this was done, the Cartorio registration was fast, easy and did not require any translations.
- @rraypo

That was our experience, as well.聽

@rraypo

Thank you