Document Checklist for Prenuptial Agreement & Stable Union
The complete list of identification, civil status, and real estate registry documents required for drafting a prenuptial agreement and stable union deed.
Última atualização:
Por Editorial Team of 5º Tabelionato de Notas do Recife — Legal and notarial drafting · 5º Tabelionato de Notas de Recife
Context Note: This content describes Brazilian notary law (direito notarial brasileiro).
Title
Document Checklist for Prenuptial Agreement and Public Deed of Stable Union
Document Checklist for Prenuptial Agreement and Public Deed of Stable Union
This article answers
- Which documents do you need to present at the notary office (tabelionato de notas) for a prenuptial agreement (pacto antenupcial) and for a stable union (união estável)?
- What is the difference between a prenuptial agreement and a public deed of stable union?
- In a public deed of stable union, are the parties qualified as granting parties (outorgantes) or declaring parties (declarantes)?
- How does choosing the universal community of property regime (comunhão universal de bens) work in a prenuptial agreement and in a stable union?
- What are the registration procedures for a prenuptial agreement and a public deed of stable union?
In summary
- The Document Checklist for Prenuptial Agreement and Public Deed of Stable Union gathers the personal identification, civil status, and asset documentation required by the notary office (tabelionato de notas) to formalize property regimes and family guidelines with full public faith Lei nº 10.406/2002 — Código Civil, art. 215.
- The prenuptial agreement governs the property regime of the future marriage and requires subsequent registration at the Civil Registry of Natural Persons (Registro Civil das Pessoas Naturais) and the Real Estate Registry (Registro de Imóveis).
- The public deed of stable union formalizes a relationship of continuous cohabitation and establishes the property rules applicable to the couple from the beginning of the union or from a date specified by the parties.
- Prior verification of documents prevents notary requisitions, avoids future corrections, and ensures the validity of notarial acts (Lei nº 10.406/2002 - Código Civil [Brazilian Civil Code], art. 104).
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FAQ
Which documents do you need to present at the notary office for a prenuptial agreement and for a stable union?
For both acts, you present an official photo ID with CPF, updated proof of residence, and a birth certificate or marriage certificate with divorce annotation issued less than 90 days prior. For a prenuptial agreement involving asset division or specific rules regarding existing real estate, you must present the property record certificate (certidão de matrícula) from the Real Estate Registry.
What is the difference between a prenuptial agreement and a public deed of stable union?
A prenuptial agreement (pacto antenupcial) is a conditional public deed that establishes the property regime for a future marriage and only produces effects upon the marriage ceremony at the Civil Registry of Natural Persons. A deed of stable union formalizes the public, continuous, and lasting cohabitation of a family entity, establishing the property regime with immediate effect between cohabitants.
In a public deed of stable union, are the parties qualified as granting parties or declaring parties?
In a public deed of stable union, the parties are qualified as declaring parties (declarantes) and reciprocally granting parties (outorgantes). The qualification as declarantes stems from asserting the existence of the affective and family relationship, while the condition of outorgantes e outorgados applies when agreeing upon property clauses, such as property regimes or creation of real rights.
How does choosing the universal community of property regime work in a prenuptial agreement and in a stable union?
Choosing the universal community of property regime (comunhão universal de bens) requires a public deed in both prenuptial agreements and stable unions. Under universal community, all present and future assets of the cohabitants or spouses become part of the common estate, except for statutory exemptions concerning donated or inherited property with incommunicability clauses.
What are the registration procedures for a prenuptial agreement and a public deed of stable union?
The prenuptial agreement drafted at the notary office must be delivered to the Civil Registry of Natural Persons (RCPN) during marriage licensing and, after the ceremony, registered at the Real Estate Registry Office (Cartório de Registro de Imóveis) of the spouses' domicile. The deed of stable union may be registered in Book E of the Civil Registry of Natural Persons to produce effects against third parties.
Base legal
- provimento_cnj 149 2023 — Provimento CNJ nº 149/2023
- lei_federal 10.406 2002 — Lei nº 10.406/2002
- codigo 10.406 2002 — Lei nº 10.406/2002 — Código Civil
- lei_federal 8.935 1994 — Lei nº 8.935/1994
- codigo 10.406 2002 — Lei nº 10.406/2002 — Código Civil
- codigo 10.406 2002 — Lei nº 10.406/2002 — Código Civil
- lei_federal 8.935 1994 — Lei nº 8.935/1994