Prenuptial Agreement & Regime Change: Document Checklist

Prenuptial agreements and marital property regime changes require a public deed at a notary public office and subsequent filing at the real estate registry for public notice.

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Por Legal Editorial Team of the 5th Notary Public Office of Recife — AI-assisted legal editorial team · 5º Tabelionato de Notas de Recife

Context note: This content describes Brazilian notarial law.

Title

Document Checklist for Executing Prenuptial Agreements and Changing Marital Property Regimes

Document Checklist for Executing Prenuptial Agreements and Changing Marital Property Regimes

FAQ

What is the list of documents required to execute a prenuptial agreement and change of marital property regime?

You must present official photo identification (RG or driver's license), CPF taxpayer ID, proof of residence, and an updated birth or marriage certificate issued within the last 90 days. For court-authorized regime changes during marriage, you also need the final judgment certificate, tax clearance certificates, and updated property title searches.

Is a prenuptial agreement and change of marital property regime necessary for the universal community of property regime?

Yes, executing a public deed for a prenuptial agreement and change of marital property regime is required to adopt universal community of property. If the couple does not formalize this choice at a notary public office before civil marriage, the default partial community of property regime applies automatically.

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