This Thursday (1), the Federal Superior Court – STF – defined that people over 70 years of age can now sign a prenuptial agreement and get married or live in a stable union without the mandatory separation of assets regime being in force. This option can be signed at any of the 8,344 Brazilian Notary Offices. With the STF’s decision, the regime can be removed by manifestation of the parties by public deed.
From now on, the separation of assets becomes optional, being applicable only in the absence of the parties’ will. This measure gives couples in this age group the freedom to choose the patrimonial model that best meets their interests, executing a public deed of prenuptial agreement at a Notary’s Office. Last year, the Notary’s Offices registered a total of almost 55 thousand acts of pact.
Prenuptial Agreement – How to do it?
The Prenuptial Agreement is a contract signed by the bride and groom to establish the property regime and patrimonial relationships that will be applicable to the marriage or stable union. Necessary when the parties want to opt for a property regime different from the legal regime, which is the partial community property regime, and now it becomes the path for those over 70 years of age who wish to enter into a relationship without the obligation of the community property regime. mandatory separation of assets.
The prenuptial agreement must be made by public deed in physical form at a Notary’s Office or via the e-Notariat platform and, subsequently, must be taken to the Civil Registry office where the marriage will take place, as well as, after the celebration of the marriage, to the Property Registry Office of the couple’s first home to take effect before third parties and endorsed in the registration of the couple’s real estate assets. The property regime comes into force from the date of the marriage and can only be changed with judicial authorization.
Before marriage or stable union, the parties must go to the Notary’s Office with their personal documents (original ID and CPF), to make the prenuptial agreement. The price of the act is set by state law.