Public Deed of Stable Union: Guide and Rules

Note on legal context: This content describes Brazilian notarial law.

This article answers

• Who can request a public deed of stable union and its dissolution?
• Is it possible to perform an out-of-court dissolution of a stable union that was never formalised at a notary office?
• What documents are required to draft a public deed of stable union?
• What is the territorial jurisdiction rule to draft a public deed of stable union or its dissolution?
• What happens to asset division and name changes in a public deed of stable union and dissolution?

In summary

• A public deed of stable union (escritura pública de união estável) is a legal instrument drafted at a notary public office (tabelionato de notas) declaring the public, continuous, and long-lasting cohabitation of two people with the objective of establishing a family Lei nº 10.406/2002 — Código Civil, art. 215.
• The act allows formalizing the start date of cohabitation, defining the marital property regime, setting property rules, and authorizing name changes at the Civil Registry of Natural Persons (Registro Civil das Pessoas Naturais - RCPN).
• The dissolution of cohabitation can be performed out of court directly at a notary public office, even when the prior union lacked previous official registration.
• For in-person service, parties enjoy free choice of notary office; for acts executed digitally through the e-Notariado platform, specific jurisdiction rules apply based on the parties' domicile.

Who can request a public deed of stable union and its dissolution?

You can formalize a public deed of stable union at a notary public office when both parties are of legal age or emancipated and demonstrate full civil capacity Lei nº 10.406/2002 — Código Civil, art. 104. Notarial declaration requires mutual consent between partners regarding the start date of the union, the property regime adopted, and commitments assumed in the relationship.

For out-of-court dissolution of a stable union at a notary public office, mutual consensus of both partners is required regarding the end of cohabitation, the division of any assets, and the determination of spousal/child support. There can be no dispute between the couple. If there is disagreement regarding the terms of termination or property, dissolution must proceed through judicial channels.

The existence of minor or incapacitated children requires attention to legislation and regulations (Provimentos) of the National Council of Justice (Conselho Nacional de Justiça - CNJ). In several state jurisdictions, out-of-court dissolution at a notary office requires that issues related to custody, visitation, and support be previously settled in court. In other scenarios regulated by the local Internal Affairs Office (Corregedoria-Geral de Justiça), out-of-court execution is permitted upon proof of prior filing or court approval of child support agreements for minor children.

The procedure to establish or dissolve the relationship requires the impartial role of the notary public (tabelião de notas). The official collects the declaration of intent, verifies the absence of legal impediments to marriage, and formalizes the act ensuring publicity, legal certainty, and effectiveness to the transaction Lei nº 8.935/1994, art. 1º. To explore the differences between this instrument and marital agreements, see the article on Deed of Stable Union vs. Premarital Agreement.

Is it possible to perform an out-of-court dissolution of a stable union that was never formalised at a notary office?

You can recognize and dissolve a stable union within the same notarial act, even if the cohabitation was never previously registered via a private contract or public instrument. Many couples cohabit for years without official documentation and, at the time of separation, need to regularize the legal status of accumulated property and inheritance rights.

Executing a public deed of stable union combined with its dissolution is permitted when both parties jointly declare the exact period during which they maintained their relationship. The notary formalizes the start and end dates declared by the couple, applying the statutory property regime rules to assets acquired during that timeframe.

In this declaratory procedure, partners agree on the distribution of personal property, real estate, and debts accumulated during the union. In the absence of a prior written agreement, the statutory partial community property regime (comunhão parcial de bens) applies by operation of law, making assets acquired for value during cohabitation jointly owned.

If one of the partners disagrees on the start date of the union or dissents from the proposed asset division, the notary office cannot execute the deed. Notarial acts rely on voluntary and mutual agreement. If a dispute exists regarding the existence of the union or its duration, parties must resort to judicial proceedings to establish factual proof through evidence and witnesses.

What documents are required to draft a public deed of stable union?

To draft a public deed of stable union or its respective dissolution at a notary public office, you must present personal identification documents and updated civil status certificates of the parties. These requirements aim to verify the declarants' identity and ensure there are no legal impediments to forming a new family entity Lei nº 10.406/2002 — Código Civil, art. 166.

Essential personal documents for review at the notary office include:

• Official photo identification (RG, CNH, or professional identity card issued by a professional council) and CPF number of both partners;
• Updated birth certificate (generally issued within the last 90 days) for single partners;
• Updated marriage certificate with due annotation (averbação) of judicial separation or divorce for previously married partners;
• Death certificate of deceased spouse accompanied by marriage certificate with annotation of widowhood, for widowed partners;
• Recent proof of residence in the name of at least one partner.

If the public deed of stable union involves the division or allocation of real estate or personal property, ownership titles are mandatory. For urban or rural real estate, an updated property chain certificate (certidão de matrícula) with encumbrances and pending lawsuits provided by the competent Real Estate Registry (Registro de Imóveis), along with property tax assessment receipts (IPTU) or market value certificates, is required. For vehicles or financial investments, proof of ownership and bank statements must be submitted.

When dissolution involves real estate transfers constituting paid assignments or gift transfers of fractions, the notary will indicate the need for proof of payment of applicable municipal or state transfer taxes (ITBI or ITCMD). For full details on certificates and validity periods, see the guide on Document Checklist for Premarital Agreements and Stable Unions.

What is the territorial jurisdiction rule to draft a public deed of stable union or its dissolution?

Determining the venue to draft a public deed of stable union or its dissolution varies depending on whether service is provided in person or digitally via the e-Notariado platform. Understanding territorial jurisdiction avoids delays and ensures full legal validity of the signed act Lei nº 8.935/1994, art. 6º.

For in-person service, the rule of free choice of notary office applies pursuant to Lei nº 8.935/1994 (Notary and Registration Law). You may choose any Notary Public Office (Tabelionato de Notas) in Brazil to formalize a stable union declaration or its dissolution, regardless of where the couple resides or where real property is located.

For electronic service conducted remotely using an e-Notariado digital certificate or ICP-Brasil certificate, rules set forth in Provimento CNJ nº 149/2023 (CNJ Regulation No. 149/2023) apply Provimento CNJ nº 149/2023, Livro II. For electronic notarial acts involving family law without real estate transfers, territorial jurisdiction belongs to the notary office of the domicile of one of the applicants.

If an electronic dissolution deed involves real estate division, digital execution jurisdiction belongs to the notary public of the municipality where one of the properties is located or where one of the partners resides. The following table summarizes territorial jurisdiction rules:

| Service Mode | Subject of the Deed | Territorial Jurisdiction Rule |

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

| In-person at Notary Office | Declaratory or Dissolution (with or without assets) | Free choice of any Notary Public Office in Brazil. |

| Digital via e-Notariado | Declaratory or Dissolution without real property | Notary Public Office of the municipality of residence of either party. |

| Digital via e-Notariado | Dissolution with real estate division | Notary Public Office of the residence of either party or location of one of the properties. |

What happens to asset division and name changes in a public deed of stable union and dissolution?

A public deed of stable union allows setting clear rules governing family property relations. If the couple makes no express mention of the regime in the declaratory deed, statutory partial community property (comunhão parcial de bens) applies. However, parties may choose complete separation of property, universal community property, or final participation in acquisitions (participação final nos aquestos).

Upon dissolution, the public deed organizes the division of assets acquired for value during cohabitation. Partners may opt for equal division (50% each) or division with financial compensation. If an unequal division occurs without equalizing payments or compensation, the transaction constitutes a gift of fractions, triggering state gift/inheritance tax (ITCMD) on the excess portion.

The notarial act formalizing or terminating a union also permits changing the name of either partner. During creation, adding the other partner's surname is permitted. Upon dissolution, reverting to a pre-marital surname or retaining the surname adopted during the union is allowed by mutual agreement.

After execution at the notary office, the deed must be presented to the Civil Registry of Natural Persons (Registro Civil das Pessoas Naturais - RCPN) of the parties' domicile or birth/marriage registry for formal annotation (averbação). This annotation ensures publicity toward third parties and enables updating identity documents. If real estate is divided, the deed must be presented to the competent Real Estate Registry (Registro de Imóveis) to update property records. For details on out-of-court relationship termination, see the article on Out-of-Court Divorce: Requirements, Fee Exemptions, and Registration.

Checklist of documents

• [ ] Valid photo ID (RG) and CPF for both partners or attendees;
• [ ] Updated Birth Certificate (issued within the last 90 days) for single individuals;
• [ ] Updated Marriage Certificate with annotation of Separation or Divorce (issued within the last 90 days) for divorced individuals;
• [ ] Marriage Certificate with annotation of spouse's Death and Death Certificate for widowed individuals;
• [ ] Recent proof of residence for the couple or each partner;
• [ ] Draft outlining the chosen property regime or terms of asset division;
• [ ] Updated Property Chain Certificate (Certidão de Matrícula) and title search for real estate to be divided;
• [ ] Ownership documents for personal property (vehicle registration CRLV, bank statements, corporate contracts);
• [ ] Proof of payment of property transfer taxes (ITBI or ITCMD) if division is burdensome or unequal;
• [ ] OAB ID card of assisting attorney, if state regulations or specific circumstances require legal counsel for dissolution.

Na prática

Case 1: Formalization of stable union with selection of a non-default property regime

Carlos and Amanda reside in Recife and decided to regularize their three-year cohabitation. They went to a notary public office to execute a public deed of stable union retroactively defining the start date of their cohabitation. To protect their individual businesses, they formally chose the complete separation of property regime in the deed. The notary collected documents, verified updated birth certificates, and drafted the instrument. The couple submitted the document to the local RCPN for annotation and registered the change at the Real Estate Registry for property management purposes.

Case 2: Out-of-court recognition and dissolution of long-term unregistered stable union

Marcos and Juliana maintained an unformalized stable union for twelve years and acquired an apartment. Upon amicable termination of the relationship, they appeared before a notary public office to accomplish, in the same public deed, the recognition of their cohabitation period and its immediate dissolution. They agreed that Juliana would retain sole ownership of the apartment, subject to paying financial compensation equivalent to 50% of the property value to Marcos. They submitted proof of municipal property transfer tax (ITBI) payment for the property fraction transfer and the property chain certificate. The deed was executed and subsequently annotated on the property record at the competent Real Estate Registry.

O que costuma dar errado

• Omitting personal certificate updates: Presenting birth or marriage certificates issued years ago without updated civil status annotations. How to avoid: Request updated duplicate certificates (typically issued within the last 90 days) from the Civil Registry of Natural Persons before scheduling the notarial appointment.
• Ignoring Civil Registry annotation requirements: Believing that executing a public deed of stable union at a notary public office completes all name change steps. How to avoid: Take the official copy (traslado) of the deed to the competent RCPN to annotate the union or dissolution on the birth or marriage registration records.
• Confusing in-person choice with digital jurisdiction: Attempting to execute an electronic act via e-Notariado at a notary office outside the parties' residence or property locations. How to avoid: Note that digital acts require territorial ties specified under CNJ Regulation No. 149/2023, whereas in-person acts allow free choice of any notary public office nationwide.
• Failing to state the relationship start date: Omitting the factual start date of cohabitation in the declaratory deed. How to avoid: Explicitly record the start date of cohabitation in the notarial act to establish property pool rules under the chosen regime.
• Executing unequal asset division without tax settlement: Dividing property disproportionately without proving financial equalizing payments or gift tax (ITCMD) payment. How to avoid: Submit paid state tax assessment receipts when asset division results in non-remunerated excess shares.

Base legal

• Lei nº 10.406/2002 (Brazilian Civil Code), art. 215 — Establishes that a public deed drafted by a notary public is an official document endowed with public faith, constituting full proof Lei nº 10.406/2002 — Código Civil, art. 215.
• Lei nº 10.406/2002 (Brazilian Civil Code), art. 104 — Sets validity requirements for legal transactions under national law Lei nº 10.406/2002 — Código Civil, art. 104.
• Lei nº 8.935/1994 (Notary and Registration Law), art. 6º — Defines the scope of authority for notary publics in drafting notarial instruments and public deeds Lei nº 8.935/1994, art. 6º.
• Provimento CNJ nº 149/2023 (CNJ Regulation No. 149/2023), Livro II — Consolidates National Council of Justice rules regarding notarial and registry services Provimento CNJ nº 149/2023, Livro II.

Rodapé editorial

Editorial Team of the 5th Notary Public Office of Recife (5º Tabelionato de Notas do Recife)

Legal Review: Substitute Notary

Date of last legal review: September 18, 2026

Version: 1.0 — In compliance with CNJ Regulation No. 149/2023 and the Brazilian Civil Code.

Boilerplate and legal disclaimer: Informational and educational content produced based on federal legislation and normative acts of the National Council of Justice. This text aims to clarify out-of-court procedures and does not replace document analysis or individualized legal advice tailored to your specific case during in-person or remote consultations. To proceed with practical procedural steps, read the full guide on Stable Union: How to Formalize at a Notary Office Step by Step.

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