- Home
- Practice areas
- Family Law
- Family Agreements
Prenuptial agreement lawyer in Brazil: agree early to protect later
A well-drafted agreement spares the family from needing a judge to decide what it could settle on its own. We draft with precision and an eye on the future.
Family agreements are instruments that set rules on property, children and support by consent, such as a prenuptial agreement, a stable union contract and custody and support agreements. See a lawyer before marrying, when formalizing a union, when changing the property regime or when a couple wants to settle a separation without litigation.
Hiring a prenuptial agreement lawyer in Brazil is, most of the time, an act of prevention. Couples about to marry, partners who want to formalize their union, families with a business or significant assets and former couples who prefer negotiating to litigating share the wish to decide for themselves, with clear rules. This includes foreign or mixed couples who marry or live in Brazil.
Brazilian law offers several instruments. A prenuptial agreement must be made by public deed to be valid (Civil Code, Article 1,653). In a stable union (the de facto partnership recognized by Brazilian law), a written contract defines the property regime (Civil Code, Article 1,725). The marital regime can be changed with court authorization (Civil Code, Article 1,639, §2), and in 2024 the Federal Supreme Court (STF) ruled (Theme 1,236) that people over 70 may opt out of mandatory separation of property by public deed. Agreements on custody, support and division of assets gain strength once approved in court.
We see an agreement as a document that will be read on the worst day of the relationship. That is why each clause is written to be understood without creative interpretation, integrated with the family's estate and succession planning and consistent with the company's contracts, where there is one.
When to call a lawyer
Marriage or union ahead with unequal assets
One partner has a business, real estate, an expected inheritance or a very different income, and the couple wants to define now what will be shared.
A stable union with no paperwork
The couple lives together and has never recorded the start date or the property regime, which leaves room for future disputes.
Married partners in a family business
A shareholder's marriage or separation can affect the company's shares, and the articles of association do not say what happens in that scenario.
A separation where dialogue still exists
The couple wants to end the relationship without going to court and needs help turning the conversation into a complete, enforceable agreement.
What happens when you put it off
- Without a prenup or contract, the default regime of partial community property applies, which may not reflect what the couple wanted for their assets.
- Verbal agreements or off-the-shelf templates tend to have gaps, and each gap can turn into a lawsuit.
- A stable union with no proof of its start date complicates division of assets, succession and even access to social security benefits.
- An informal custody or support arrangement, without court approval or the lawyers' signatures, may lack the force to be enforced when breached.
How we work
Understanding the goals
We talk with the couple or the family to understand assets, companies, children and what each person wants to protect, with transparency about whom we represent.
Choosing the instrument
We recommend the right instrument: prenuptial agreement, stable union contract, change of regime, divorce settlement, parenting plan or support agreement.
Drafting and review
We draft clear clauses on the property regime, asset management, shareholdings and responsibilities toward the children, and review them with everyone involved.
Mediation when needed
If there are sensitive points, we lead the negotiation or recommend mediation, provided for in the Code of Civil Procedure (CPC, Articles 694 to 699) and in Law 13,140/2015 (the Mediation Act), to reach consensus.
Formalization and registration
We handle the notarial deed, court approval and the required registrations, and revisit the agreement when life changes.
What you receive
- Asset and family assessment that guides the choice of instrument
- Draft prenuptial agreement, stable union contract or settlement, with annotated clauses
- Filing for a public deed or for court approval
- Adjustments to the articles of association or shareholders' agreement when the arrangement affects the company
- Roadmap for reviewing the agreement when the family goes through relevant changes
Why the firm
Drafted with conflict in mind
Each clause is tested against a disagreement scenario, which narrows the room for dispute.
Aligned with business and succession
The agreement works together with the articles of association, the shareholders' agreement and succession planning, so that no document contradicts another.
Clarity about whom we represent
In agreements between two people, we make clear from the start who our client is and recommend that the other party have their own lawyer, which gives more security to what is signed.
Illustrative scenario
Hypothetical scenario, for illustration only. A couple is about to marry and she is a partner in a family company founded by her parents. The family fears that a future divorce could bring a dispute over the value of her shares into the company. The couple seeks advice before the wedding. The work gathers the articles of association, discusses the most suitable property regime with both of them and drafts a prenuptial agreement aligned with a clause in the articles on what happens to the shares. The groom is advised to have his own lawyer. No outcome is guaranteed: every family needs its own solution.
A hypothetical scenario, shown only to illustrate our method. Every case depends on its own facts.Frequently asked questions
What is a prenuptial agreement in Brazil and how is it made?
A prenuptial agreement (pacto antenupcial) is the contract in which the couple chooses the property regime and other financial rules for the marriage. It is made by public deed at a notary's office before the wedding and only takes effect if the marriage takes place (Civil Code, Articles 1,653 to 1,657). To be effective against third parties, it must be registered at the Real Estate Registry of the couple's domicile.
When should I hire a prenuptial agreement lawyer in Brazil?
Before marrying or formalizing a stable union, when changing the property regime, when there is a family business or when a couple wants to separate by agreement. At these moments the agreement can still be built calmly, not under the pressure of a conflict.
Does a stable union contract have to be made at a notary?
Not necessarily. Article 1,725 of the Civil Code requires a written contract to set aside partial community property, which can be a private instrument or a public deed. A public deed gives more certainty about date and content, and it is required for people over 70 to opt out of mandatory separation of property, according to the STF.
Can the property regime be changed after marriage?
Yes, with court authorization, at the request of both spouses, with a stated reason and protecting the rights of third parties (Civil Code, Article 1,639, §2, and CPC, Article 734). The request requires a review of debts and creditors, to rule out any suspicion of fraud.
Is an agreement between the couple valid without a judge?
It depends on the subject. A prenuptial agreement and a stable union contract are valid in the form required by law. Agreements involving minor children, such as custody and support, must be approved in court with the participation of the Public Prosecutor's Office, and approval also makes what was agreed enforceable.
How does family mediation work?
Family mediation is a conversation led by an impartial mediator who helps the couple or family build their own agreement. The CPC encourages consensual solutions in family cases (Articles 694 to 699), and Law 13,140/2015 regulates mediation. Each party may be accompanied by their lawyer, who takes care of drafting and the validity of the agreement.
Related matters
Other matters in this area
Want your family's rules put in writing, securely?
Book a confidential conversation. We recommend the right instrument and explain what it takes to formalize it.