Divorce, Stable Union, and Prenuptial Agreement at Notary Office

Formalizing a divorce, stable union, and prenuptial agreement at a notary public's office guarantees legal certainty and agility to family acts.

Última atualização:

Por Editorial Team of the 5th Notary Public's Office of Recife — Tabelionato de Notas / Curadoria Jurídica · 5º Tabelionato de Notas de Recife

Note: This content describes Brazilian notary law.

This article answers

  • Who can execute a divorce, stable union, and prenuptial agreement at the notary public's office?
  • What documents are required to formalize a divorce, stable union, and prenuptial agreement?
  • How long does it take and what is the cost to execute these public deeds?
  • What happens if there are assets, minor children, or disagreements in the divorce?
  • How does digital signing on e-Notariado work for these notary acts?

In summary

  • Formalizing a divorce, stable union, and prenuptial agreement (divórcio, união estável e pacto antenupcial) at a notary public's office (tabelionato de notas) guarantees legal certainty and public validity to family and asset transactions Lei nº 8.935/1994, art. 1º.
  • Executing a public deed of divorce requires consensus between the couple and the presence of an attorney, while prenuptial agreements and stable unions depend solely on the manifestation of the parties' intent Lei nº 11.441/2007, art. 1º.
  • The extrajudicial procedure reduces processing time and allows in-person signing or signing via videoconference through the e-Notariado system Provimento CNJ nº 149/2023, Livro II.
  • The act gains full effectiveness against third parties after registration or annotation at the competent agencies, such as the Civil Registry of Natural Persons (Registro Civil das Pessoas Naturais) and the Real Estate Registry (Registro de Imóveis) Lei nº 10.406/2002 — Código Civil, art. 215.

Who can execute a divorce, stable union, and prenuptial agreement at the notary public's office?

Any person capable of exercising their civil rights can declare a stable union or draft a prenuptial agreement before a notary public (tabelionato de notas) Lei nº 10.406/2002 — Código Civil, art. 104. These two acts require the free consent of the cohabitants or betrothed. You specify the desired marital property regime and establish asset rules with full legal effectiveness Lei nº 10.406/2002 — Código Civil, art. 215. To understand comparative details between these institutes, read the guide on deed of stable union vs. prenuptial agreement.

In the case of extrajudicial divorce, regulations mandate that the decision be consensual Lei nº 11.441/2007, art. 1º. Both parties must agree on the dissolution of the marital bond, the division of assets, and any alimony payments. Furthermore, the presence of an attorney or a public defender is a requirement established by law Lei nº 13.105/2015 — Código de Processo Civil, art. 610. If there is disagreement, the request must proceed through the judicial route.

For divorce, stable union, and prenuptial agreement procedures, the parties may act in person at the notary office or be represented by a public power of attorney with special powers. The notary public acts impartially to certify the free manifestation of intent, preventing fraud and coercion Lei nº 8.935/1994, art. 6º.

What documents are required to formalize a divorce, stable union, and prenuptial agreement?

Documentation varies according to the nature of the intended notary act. The following table organizes the basic list of certificates and proofs required to execute a public deed at the notary public's office.

| Notary Act | Personal Documents | Civil Status Certificates | Complementary Documents |

| :--- | :--- | :--- | :--- |

| Prenuptial Agreement | ID (RG) and Taxpayer ID (CPF) of the parties, proof of residence | Updated birth or marriage certificate (issued within 90 days) | Precise indication of the chosen marital property regime |

| Stable Union | ID (RG) and Taxpayer ID (CPF) of the parties, proof of residence | Birth or marriage certificate with annotation (issued within 90 days) | Declaration of start date and marital property regime |

| Extrajudicial Divorce | ID (RG) and Taxpayer ID (CPF) of both parties, Bar Association card (OAB) of the assisting attorney | Updated marriage certificate (issued within 90 days) | Real estate/movable property documents and attorney draft |

Submitting updated certificates prevents canceled or altered acts from being executed using outdated information. For real estate certificates, an updated property ledger (matrícula) with a certificate of real encumbrances (certidão de ônus reais) issued by the competent Real Estate Registry (Registro de Imóveis) is required.

In a divorce, when the couple has assets to divide, payment of the appropriate transfer tax (ITCMD or ITBI) must be proven, depending on whether there is a donation, cash adjustment, or onerous reallocation of property shares.

How long does it take and what is the cost to execute these public deeds?

The execution of a divorce, stable union, and prenuptial agreement deed at a notary public's office is usually completed within a few business days after full documentation is submitted. When there is no complex asset division, document verification and signature collection can take place on the same day as the appointment.

Notary fees (emolumentos) are not set arbitrarily by the notary office. They follow official fee tables regulated by state laws, approved by State Legislative Assemblies, and supervised by the State Internal Affairs Services (Corregedorias-Gerais de Justiça). Official fee schedules can be checked on the National Council of Justice (CNJ) website.

For acts without a declared economic value, such as a simple declaration of a stable union or a prenuptial agreement without immediate asset division, the fixed rate from the state fee schedule for deeds without financial content applies. When a divorce deed involves the division of movable or immovable assets, notary fees are calculated progressively based on the total value of the divided estate.

What happens if there are assets, minor children, or disagreements in the divorce?

The presence of assets to divide does not prevent the divorce from taking place at a notary public's office Lei nº 11.441/2007, art. 1º. The couple can choose to divide the estate in the public deed itself or postpone the division to a later time. If an unequal transfer of property occurs, property transfer tax is calculated in accordance with tax legislation.

Currently, pursuant to National Council of Justice (CNJ) guidelines consolidated in Provimento CNJ nº 149/2023 (CNJ Provision No. 149/2023), the existence of minor or incapacitated children does not absolutely prohibit an extrajudicial divorce Provimento CNJ nº 149/2023, Livro II. The extrajudicial act is permitted provided that issues regarding child custody, visitation, and child support have already been resolved in court.

If there is disagreement on any aspect of the divorce—such as property division, use of name, or alimony determination—the notary route is prohibited Lei nº 11.441/2007, art. 1º. In these situations, legal certainty requires filing a contested divorce lawsuit in the Judicial Branch. Learn more about document update steps by reading the rules on divorce annotation in the civil registry.

How does digital signing on e-Notariado work for these notary acts?

The e-Notariado platform allows formalizing a divorce, stable union, and prenuptial agreement completely remotely Provimento CNJ nº 149/2023, Livro II. The parties and attorneys participate in a videoconference session conducted by the notary public or their legal deputy, during which identity and free manifestation of intent are confirmed Lei nº 8.935/1994, art. 6º.

To digitally sign the public deed, you need an e-Notariado digital certificate (issued free of charge by accredited notary offices) or an ICP-Brasil standard digital certificate. Federal legislation governing electronic media guarantees the full validity and public authenticity (fé pública) of this procedure Lei nº 8.935/1994, art. 1º.

After the videoconference and the digital signatures are appended, the official copy (traslado) of the act becomes available in a structured electronic file. The document can be sent directly via electronic means to the Civil Registry of Natural Persons (Registro Civil das Pessoas Naturais) or to the competent Real Estate Registry (Registro de Imóveis) for the required registrations and annotations.

Document checklist

To ensure prompt service at the notary public's office, gather the following items in advance:

  • [ ] Valid ID (RG or Driver's License) and Taxpayer ID (CPF) of the involved parties.
  • [ ] Updated civil status certificate issued by the Civil Registry of Natural Persons within the last 90 days (birth certificate for single persons; marriage certificate for married, divorced, or widowed persons).
  • [ ] Recent proof of residence in the name of the parties.
  • [ ] Bar Association card (OAB) of the assisting attorney (mandatory for divorce).
  • [ ] Draft agreement signed by the assisting attorney (in the case of divorce).
  • [ ] Updated property ledger certificate (matrícula) with encumbrance records for involved real estate (if there is asset division).
  • [ ] Supporting documentation for movable assets, such as vehicles, bank balances, or corporate shares (if there is asset division).
  • [ ] Paid receipt for property transfer taxes (ITCMD or ITBI), when an unequal asset division occurs.
  • [ ] Court ruling or judicial approval regarding custody and support of minor children (when applicable to extrajudicial divorce).

In practice

Case 1: Prenuptial agreement choosing property regime before marriage

An engaged couple intended to marry under the total separation of property regime. Before applying for marriage license authorization at the Civil Registry of Natural Persons (Registro Civil das Pessoas Naturais), they went to the notary public's office (tabelionato de notas). They presented their personal documents and updated birth certificates. The notary public executed the public deed of prenuptial agreement. The couple brought the official copy (traslado) of the agreement to the Civil Registry to support their marriage application. After marriage, they registered the prenuptial agreement at the Real Estate Registry (Registro de Imóveis) of the marital domicile, ensuring validity against third parties. See details in the guidance on how to choose a property regime in a prenuptial agreement.

Case 2: Consensual divorce conducted via videoconference on e-Notariado

Two spouses living in different cities decided to divorce amicably. They had no minor children and agreed on dividing an apartment. They hired a joint attorney, who prepared the draft agreement and sent the documentation to the notary public's office via e-Notariado. The notary office scheduled a videoconference with the couple and the lawyer. During the session, the notary public read the draft and collected digital signatures from the couple and the professional. The public deed was executed and electronically transmitted for annotation on the marriage certificate and registration at the Real Estate Registry.

Common errors

  • Failing to update Civil Registry certificates: Submitting certificates issued more than 90 days prior causes the notary act to be suspended until an updated document is provided.
  • Assuming a prenuptial agreement deed is sufficient on its own: A prenuptial agreement requires subsequent marriage in the Civil Registry and registration of the deed at the competent Real Estate Registry to be effective against third parties.
  • Confusing stable union formalization with civil marriage: A stable union deed formalizes cohabitation and chooses a property regime, but does not automatically change civil status from single or divorced to married.
  • Attending a divorce proceeding without attorney representation: Legislation prohibits executing a public deed of divorce without the participation of a retained attorney or public defender Lei nº 13.105/2015 — Código de Processo Civil, art. 610.
  • Forgetting to annotate the divorce deed in the Civil Registry: The divorce deed terminates marital duties between the parties, but civil status only changes publicly after the deed is annotated on the margin of the marriage record Lei nº 11.441/2007, art. 1º.
  • Lei nº 8.935/1994, art. 6º Lei nº 8.935/1994 (Law No. 8,935/1994), art. 6º — Defines the exclusive duties of notary publics to execute public deeds and confer public authenticity to legal acts, available at Federal Legislation.
  • Lei nº 8.935/1994, art. 1º Lei nº 8.935/1994 (Law No. 8,935/1994), art. 1º — Establishes the purpose of notary and registration services in promoting publicity, authenticity, security, and effectiveness of legal acts.
  • Lei nº 10.406/2002 — Código Civil, art. 215 Lei nº 10.406/2002 (Civil Code), art. 215 — Establishes that a public deed is a document endowed with public authenticity and serves as full proof of the facts contained therein.
  • Lei nº 10.406/2002 — Código Civil, art. 104 Lei nº 10.406/2002 (Civil Code), art. 104 — Sets the validity requirements for legal transactions, requiring a capable agent, lawful object, and form prescribed by law.
  • Lei nº 13.105/2015 — Código de Processo Civil, art. 610 Lei nº 13.105/2015 (Code of Civil Procedure), art. 610 — Authorizes consensual divorce by public deed with attorney assistance.
  • Lei nº 11.441/2007, art. 1º Lei nº 11.441/2007 (Law No. 11,441/2007), art. 1º — Introduced into legislation the option to conduct extrajudicial consensual divorces, separations, and asset divisions.
  • Provimento CNJ nº 149/2023, Livro II Provimento CNJ nº 149/2023 (CNJ Provision No. 149/2023) — Consolidates the National Code of Norms of the Internal Affairs Service of the CNJ for notary and electronic acts on e-Notariado.

FAQ

Who can execute a divorce, stable union, and prenuptial agreement at the notary public's office?

Any capable person can formalize a stable union and prenuptial agreement. For extrajudicial divorce, consensus between the couple and assistance by a lawyer or public defender is required.

What documents are required to formalize a divorce, stable union, and prenuptial agreement?

Personal documents of the parties (ID and CPF), an updated civil status certificate (birth or marriage issued within 90 days), and proof of address are presented. In a divorce, the lawyer's document is also included.

How long does it take and what is the cost to execute these public deeds?

Execution occurs on the same day or within a few days after documents are delivered. Fees are set by state schedules, varying according to whether asset division is involved.

What happens if there are assets, minor children, or disagreements in the divorce?

If there is litigation, the judicial route must be taken. If there are minor or incapacitated children, the divorce can be done at a notary office provided custody and support are previously resolved in court, per CNJ Provision No. 149/2023.

How does digital signing on e-Notariado work for these notary acts?

The parties hold a videoconference with the notary public's office and sign the public deed remotely using a free e-Notariado or ICP-Brasil standard digital certificate.

Is an attorney mandatory to execute a prenuptial agreement or a declaration of stable union?

No. The presence of an attorney is required by law only for extrajudicial divorce. For stable unions and prenuptial agreements, the parties may appear directly at the notary public's office.

Is a prenuptial agreement valid if the marriage does not take place?

No. A prenuptial agreement is a legal transaction under a suspensive condition. It only produces legal effects after the civil marriage is performed.

Does a stable union formalization by public deed change the civil status of the parties?

No. A public deed of stable union recognizes public, continuous, and long-lasting cohabitation, but does not automatically change civil status, which remains single, divorced, or widowed.

How is property division handled in an extrajudicial divorce when real estate is involved?

Properties are listed in the public deed with their descriptions and updated ledgers. Division is defined, and if there is an onerous or gratuitous excess of share, the corresponding tax (ITBI or ITCMD) is paid prior to registration at the Real Estate Registry.

What is the validity period of certificates required by the notary office to execute the deed?

Civil Registry certificates (birth or marriage) and real estate encumbrance certificates must be issued within a maximum of 90 days from the date of the notary act.

Can people living in different cities or countries complete a divorce via e-Notariado?

Yes. The e-Notariado system allows parties in different locations to sign the deed via videoconference, subject to the notary territorial jurisdiction rules established in CNJ Provision No. 149/2023.

What is the difference between executing a deed at the Notary Public's Office and annotating it at the Civil or Real Estate Registry?

The public deed executed at the Notary Public's Office formalizes the intent of the parties with public authenticity. Annotation at the Civil Registry updates civil status, while registration at the Real Estate Registry formally transfers property ownership.

Base legal

  • provimento_cnj 149 2023 — Provimento CNJ nº 149/2023
  • lei_federal 10.406 2002 — Lei nº 10.406/2002
  • lei_federal 8.935 1994 — Lei nº 8.935/1994
  • lei_federal 11.441 2007 — Lei nº 11.441/2007
  • codigo 13.105 2015 — Lei nº 13.105/2015 — Código de Processo Civil
  • codigo 10.406 2002 — Lei nº 10.406/2002 — Código Civil
  • lei_federal 13.105 2015 — Código de Processo Civil - Art. 610
  • codigo 10.406 2002 — Lei nº 10.406/2002 — Código Civil
  • lei_federal 8.935 1994 — Lei nº 8.935/1994

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