Stable Union: How to Formalize It at a Notary Office

Em resumo

• A stable union (união estável) is a public, continuous, and long-lasting cohabitation between two individuals with the intention of establishing a family, formalized through a public deed executed at a notary public office (tabelionato de notas).
• You and your partner appear at the notary office or perform the procedure digitally through the e-Notariado platform.
• The public deed allows you to choose the marital property regime and define the starting date of cohabitation.
• Formalization provides legal certainty, facilitating inclusion in health insurance plans, social security dependency benefits, and asset protection.

Quem pode formalizar união estável em cartório?

You can formalize a stable union at a notary office if you are of legal age or emancipated and have no legal impediments to marriage. Two capable individuals who live in a public, continuous, and long-lasting relationship can declare the union before a notary public (tabelião de notas).

Brazilian law does not require cohabitation under the same roof nor a minimum prior period of living together. The essential requirement is the manifest intention to establish a family. Divorced or widowed individuals can formalize a stable union at a notary office without restrictions, provided they present their certificate with the proper annotation or marginal note.

If one of the parties is married, but de facto or judicially separated, executing the declaratory public deed is possible. The notary will state the declaration of the parties regarding this prior condition of separation.

Individuals barred from marrying, such as direct-line relatives or individuals who are already married and not separated, cannot declare a union. The notary office verifies civil capacity and the absence of legal obstacles before drafting the instrument.

You can execute the deed in person at the notary office or entirely online. For the remote procedure, the e-Notariado platform is used with a free notary digital certificate regulated by the Conselho Nacional de Justiça (National Council of Justice - CNJ).

To learn about other ways to record cohabitation without the solemnities of civil marriage, consult our guide on Contrato de Convivência: Regras Para Casais que Não Querem Casar.

Quais documentos são necessários para a escritura pública de união estável?

To formalize a stable union at a notary office, you and your partner must present valid personal identification documents and updated civil status certificates. Updating these certificates ensures there are no active matrimonial impediments.

The standard document list required by the notary office includes:

• Official photo identification document (RG, CNH, or professional ID card) and CPF (Individual Taxpayer Registry) for both partners;
• Updated birth certificate (issued within the last 90 days) for single individuals;
• Marriage certificate with divorce or legal separation annotation (issued within the last 90 days) for separated or divorced individuals;
• Marriage certificate with death annotation for widowed individuals;
• Recent proof of residence in the name of the partners or a joint residence declaration;
• Agreement or draft of financial clauses, should you wish to establish specific rules for asset administration.

If you need to update your certificates before going to the notary office, see detailed guidance in our article on Certidão de Inteiro Teor: O Que É e Para Que Serve.

If any partner is represented by an attorney-in-fact, the power of attorney must be public, granted at a notary office, with specific powers for the declaration of stable union and a validity period not exceeding 90 days.

The notary will review the documentation to ensure the authenticity and security of the legal act. For digital execution via e-Notariado, documents are attached to the platform in native or scanned PDF format.

Quanto custa e quanto tempo leva para formalizar união estável em cartório?

The procedure to formalize a stable union at a notary office is usually fast. Upon submission of complete documentation and verification by the notary office, the drafting and signing of the public deed take place on the same day or within 3 business days.

Costs for the act are not set freely by the notary office. Notarial fees (emolumentos) are determined by state law in each federation unit. In Pernambuco, the cost of a declaratory public deed of stable union without financial content follows the official fee table of the General Internal Affairs Office (Corregedoria Geral da Justiça) of the Court of Justice of Pernambuco (Tribunal de Justiça de Pernambuco - TJPE).

If the couple chooses to include immediate asset division or property transfer in the deed, fees with financial content will apply based on the value of the assets, in addition to applicable state or municipal taxes (such as ITCMD or ITBI).

Below is the operational time estimate for each stage of the process:

| Stage of Procedure | Estimated Deadline | Where It Takes Place |

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

| Collection of updated certificates | 1 to 5 business days | Civil Registry of Natural Persons (Registro Civil das Pessoas Naturais) |

| Document submission and review | 1 to 2 business days | Notary Office (Tabelionato de Notas) |

| Drafting and signing of the deed | 1 business day | Notary Office or e-Notariado platform |

| Registration at RCPN (Optional, but recommended) | 2 to 5 business days | Civil Registry of the 1st Subdistrict |

If you prefer to sign the deed remotely in a 100% digital manner, check out the full step-by-step guide in our article on e-Notariado e Assinatura Eletrônica Notarial: Guia Prático.

Qual regime de bens você pode escolher na união estável?

When you formalize a stable union at a notary office, you and your partner have the freedom to choose the marital property regime that will govern your financial relationship. Party autonomy allows tailoring economic rules to family needs.

If the public deed is silent or if the couple does not make a formal agreement, the statutory regime of partial community property (comunhão parcial de bens) applies automatically. Under this legal regime, assets acquired for valuable consideration during cohabitation belong to both in equal shares.

You can set aside the legal regime and opt for other regimes in the public deed:

• Partial community of property (Comunhão parcial de bens): only assets acquired for valuable consideration during the union are shared;
• Total separation of property (Separação total de bens): each partner retains exclusive ownership and administration of current and future assets;
• Universal community of property (Comunhão universal de bens): all present and future assets of both partners become joint property;
• Final participation in acqurests (Participação final nos aqüestos): each person manages their own assets during the union and calculates joint gains in the event of dissolution.

You can also stipulate customized clauses on asset management, pet custody/cohabitation, household expense sharing, and supplementary indemnities, provided they do not violate public policy.

To understand in detail the impact of each property regime and how formal selection works, also read the article Pacto Antenupcial: Como Escolher o Regime de Bens.

If in the future the couple wishes to alter the property regime chosen in the stable union deed, the change requires specific procedures at a notary office or judicial authorization, depending on the case. Learn more in Alteração de Regime de Bens no Casamento: Passo a Passo.

O que acontece se você não formalizar a união estável em cartório?

If you do not formalize a stable union at a notary office, the union will continue to exist as a matter of fact; however, you will face bureaucratic hurdles and legal uncertainty when proving the relationship to third parties.

Without a declaratory public deed executed at a notary office, the relationship is governed exclusively by the statutory regime of partial community property. The parties cannot retroactively apply different property regimes (such as total separation) without a formal public instrument.

The absence of a public document generates frequent practical difficulties:

• Difficulty in enrolling the partner as a dependent in health insurance plans, clubs, and private pension funds;
• Requirement for a post-mortem judicial action to recognize the stable union in order to claim survivor benefits from INSS (Instituto Nacional do Seguro Social - National Social Security Institute) or public pension systems;
• Need for a lengthy judicial process to claim inheritance or marital property rights (meação) in the event of a partner's death;
• Risk of real estate sales by one partner without the required consent (outorga) of the other, resulting in disputes with third parties acting in good faith.

A public deed provides public faith and full evidentiary efficacy before public agencies, banks, insurance companies, and corporations. For full protection against third parties and entry into real estate registries, registering the notary deed in Book E of the Civil Registry of Natural Persons (Registro Civil das Pessoas Naturais) is recommended.

Checklist de documentos

To expedite service at the notary office when you formalize a stable union at a notary office, arrange the following documentation in advance:

• [ ] Valid RG and CPF (or driver's license - CNH) for both partners;
• [ ] Updated birth certificate (issued less than 90 days ago) if single;
• [ ] Marriage certificate with divorce or legal separation annotation (issued less than 90 days ago) if divorced or separated;
• [ ] Marriage certificate with death annotation (issued less than 90 days ago) if widowed;
• [ ] Recent proof of address in the name of at least one declarant;
• [ ] Selection of the chosen marital property regime (Partial Community, Total Separation, Universal Community, or Final Participation in Acqurests);
• [ ] Indication of the starting date of the stable union to be recorded in the declaration of the parties;
• [ ] ICP-Brasil or e-Notarial digital certificate (if opting to execute the deed online via e-Notariado).

Na prática

Caso 1: Enrollment in health insurance and pension plans without bureaucracy

Juliana and Roberto had lived together for 4 years without any formal document. When attempting to add Roberto as a dependent on Juliana's corporate health plan, the company demanded proof of family ties. They scheduled an appointment at a notary office, presented updated certificates, and executed a public deed of stable union that same afternoon. With the official copy (traslado) of the deed in hand, enrollment in the health plan was approved without requiring photos, joint bank statements, or witnesses.

Caso 2: Asset protection in a commercial venture

Marcos and Camila decided to start a stable union. Since Marcos is a partner in a technology company and Camila holds personal property and real estate inherited from her family, the couple explicitly chose the total separation of property regime. They attended the notary office and executed a public deed with a total separation clause, declaring the exact start date of their cohabitation. Formalization prevented unwanted asset commingling and ensured independence in managing both partners' business affairs.

O que costuma dar errado

When seeking to formalize a stable union at a notary office, avoid the most common errors made by couples:

• Presenting old, non-updated certificates: Presenting birth or marriage certificates issued years ago prevents verification of current civil status. Correction: Request an updated full-form certificate (certidão de inteiro teor) issued within the last 90 days prior to visiting the notary office.
• Believing a private agreement replaces a public deed for all purposes: Executing only a private agreement with notarized signatures does not carry public faith. Correction: Execute a public deed at a notary office to guarantee full validity against third parties and official agencies.
• Attempting retroactive application of a chosen property regime: Attempting to apply total separation of property to past periods when statutory partial community property applied automatically. Correction: A property regime other than the statutory one takes effect upon execution of the deed; attempts to circumvent past third-party rights are void.
• Confusing a stable union with civil marriage: Believing that a stable union deed automatically changes civil status to "married". Correction: A stable union creates a cohabitation bond, but the civil status of the parties remains single, divorced, or widowed.
• Failing to register the deed with the Civil Registry (RCPN): Leaving the deed stored in personal files without creating public notice in the registry. Correction: Take the official copy (traslado) of the public deed to the Civil Registry of the 1st Subdistrict for entry into Book E, ensuring broad public notice.

Base legal

• (Notarial and Registral Services Act) — Defines that notary and registration services are intended to guarantee the publicity, authenticity, security, and efficacy of legal acts Planalto.
• — Establishes the exclusive duties of notaries to execute public deeds and collect the declarations of intent of the parties Planalto.
• Lei nº 10.406/2002 (Código Civil - Brazilian Civil Code), art. 215 — Determines that a public deed executed at a notary office constitutes full proof of the facts contained therein Planalto.
• Lei nº 10.406/2002 (Código Civil - Brazilian Civil Code), art. 104 — Defines the validity requirements of legal transactions, such as a capable agent, lawful object, and prescribed or not prohibited form Planalto.
• (National Judicial Inspectorate Ruling) — Consolidates National Council of Justice rules on notarial acts and the execution of stable union deeds CNJ.
• — Regulates the organization and operation of out-of-court services and electronic acts executed on e-Notariado CNJ.

Próximos passos

• Gather identification documents and request updated civil status certificates from the Civil Registry of Natural Persons (Registro Civil das Pessoas Naturais);
• Discuss and decide which property regime best suits the family's financial needs;
• Send the documentation to your preferred notary office (tabelionato de notas) for prior legal review;
• Choose between in-person service at the notary office or digital signature via e-Notariado;
• Schedule the date for executing the public deed and collecting signatures.

Fale com o tabelionato

If you have questions about required documents, e-Notariado guidelines, or wish to schedule the execution of your deed, the team at the 5th Notary Office of Recife (5º Tabelionato de Notas do Recife) is available to guide your procedure with legal certainty and care. Consulting a notary office ensures that your stable union declaration is performed in full compliance with active regulations.

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Rodapé editorial

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

Last legal review: August 15, 2026

Version: 1.0

Informational content; does not replace legal counseling for specific cases.

FAQ

Who can formalize a stable union at a notary office?

Fully capable individuals aged 18 or older, or emancipated, who live in a public, continuous, and long-lasting relationship without matrimonial impediments. Divorced, widowed, and de facto separated individuals can also execute a public deed at a notary office.

Which documents are required for a public deed of stable union?

Official photo identification documents (RG or CNH), CPF, proof of residence, and an updated civil status certificate (birth certificate for single individuals or marriage certificate with divorce/death annotation) issued within the last 90 days.

How much does it cost and how long does it take to formalize a stable union at a notary office?

Execution takes between 1 and 3 business days after submitting and verifying complete documentation. Costs correspond to notary fees set by the official table of the General Internal Affairs Office of TJPE for acts without financial content.

Which marital property regime can you choose in a stable union?

You can choose partial community of property, total separation of property, universal community of property, or final participation in acqurests. If no express stipulation is made in the deed, the statutory partial community regime applies.

What happens if you do not formalize the stable union at a notary office?

The relationship will remain a matter of fact governed automatically by partial community of property, requiring evidentiary support or court proceedings to prove the union for INSS benefits, health insurance, inheritance, or real estate registrations.

Base legal

• provimento_cnj 149 2023 — Provimento CNJ nº 149/2023
• provimento_cnj 149 2023 — Provimento CNJ nº 149/2023
• lei_federal 10.406 2002 — Lei nº 10.406/2002
• 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

Próximos passos

Escritura de União Estável · Family · Ver todos os conteúdos