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.

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.

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