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.

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.

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