Stable Union Deed vs Prenuptial Agreement: Key Differences
Understand the differences between a stable union deed and a prenuptial agreement, choosing a property regime, and their effects at the real estate registry.
Última atualização:
Por CartorIA Team — AI-assisted legal writing · 5º Tabelionato de Notas de Recife
Context note: This content describes Brazilian notary and registry law.
This article answers
- What is the difference between a stable union deed and a prenuptial agreement?
- How does choosing a marital property regime work in a stable union and in a marriage?
- When is it necessary to execute a stable union deed or a prenuptial agreement?
- In the conversion of a stable union into marriage, do the effects of the property regime retroact?
- How much does it cost and where can you execute a stable union deed or a prenuptial agreement?
In summary
- A stable union public deed declares an existing factual situation and establishes the property management rules of the cohabitants.
- A prenuptial agreement is a preventive public deed executed before civil marriage to adopt a property regime other than the legal default.
- Both the stable union deed and prenuptial agreement require execution at a tabelionato de notas (notary public office) to guarantee public notice and legal authenticity Lei nº 10.406/2002 — Código Civil, art. 215.
- Both instruments generate effects against third parties only after proper registration with the competent bodies, such as the Registro de Imóveis (Real Estate Registry) and the Registro Civil das Pessoas Naturais (Civil Registry of Natural Persons).
FAQ
What is the difference between a stable union deed and a prenuptial agreement?
A public deed of stable union formalizes an existing cohabitation between two people and sets immediate property rules. A prenuptial agreement, on the other hand, is a solemn contract executed prior to marriage whose effectiveness is conditioned upon the future civil marriage ceremony.
How does choosing a marital property regime work in a stable union and in a marriage?
In a stable union, cohabitants define their property regime directly in the public deed of stable union at a notary public office. In marriage, if the prospective spouses desire a regime other than partial community of property, they must execute a prenuptial agreement prior to marriage licensing at the civil registry of natural persons.
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 14.382 2022 — Lei nº 14.382/2022
- lei_federal 8.935 1994 — Lei nº 8.935/1994