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Family Law

Covenant of marriage or stable? That is the question

This article was translated by an automatic translation system, and was therefore not reviewed by people.


A joke says that couples, after the marriage, usually the case using the word "love" to call each other, at the end of the relationship the two use much more the expression "my property", in allusion to the quarrel sharing of patrimônio.Embora is a joke, the story brings warning to marry who decides: it is important to know the legal options more appropriate for the union between a man and a woman to avoid future trouble in case of divorce.
The teacher of the Masters in Law Ana Carla Harmatiuk, Unibrasil and the Federal University of Paraná, explains that in the traditional form of marriage, there are four legal regimes of property: systems of universal communion, communion partial separation of total assets, or the call from end of aquesta. "If not done the pact antenupcial, the Civil Code of 2002 states that the system chosen was the part of community of property," says Ana.Para any event, we need the pact antenupcial .

The teacher explains that, in addition to formal marriage, the law also recognizes the union of a stable couple, that does not require the formalities of marriage. "In this situation (stable), the legislation provides the same scheme of sharing of goods who is married in partial communion. "

But Ana says, the couples living in stable union may choose to formalize the situation with the so-called pact of union estável.Por this contract, the couples can choose the system of property that meets your needs - or to other rules of according to his will.

According to the Family Law professor Luiz Edson Fachini, da UFPR, the contract of marriage as the stable relate to property relations. "But the written agreement of the stable is an option that is open to those who are not civil married. "

According to him, is that legal advice is needed just for couples. "But, by the stable, the couple may be some goods that are common and others are not." In this type of contract, explains Fachini, people can, for example, set the movable property will be the couple, while the pet (or any object) can have only one. "You can create a completely new scheme, subject to the limits legal. "

Ana gives no example of devices that can not be part of the pact. "There may be clauses that might injure the public interest, such as exemption from child support or the definition of who will have custody of filho.Essas serious clauses void. "

Although the pact to stable the couple set the power-sharing of goods with more flexibility, the president of paranaense section of the Brazilian Institute of the Family Law, Adriana Hapner, believes that this contract may end up hindering the splitting method when the separation. "As the rules are more flexible, sometimes we need to produce evidence on the ownership of some property, which may be difficult to achieve."


Ana says that, besides the stable union between man and woman, currently a Justice recognizes that the institute used to be unions between homosexuals. "A decision of the Superior Court of Justice, October 2008, pacifying the question, what was at issue. "She advises the covenant in such cases mainly by the difficulty of proving that homosexuals have their stable." Many times the family does not agree with the relationship, and if death of one partner tries to remove the rights of another. "

To achieve the agreement of stable, the couple need only prove that their union is a família.Atualmente, both to formalize the marriage as to make the pact of stable people can go directly to cartórios civilians.

Open discussion

Fachini adds that often people are anxious to discuss openly the regime of goods from their relationship conjugal.Ele guide people to overcome this fear. "Discuss this may give the impression that the person would be behaving in a selfish "." But that is a prejudice, because it has nothing to do with the affective relationship. We must separate the question of patrimonial.Minha affective experience of 26 years in the area showed me that clarity is the mother of harmony. "To him, the more the couple talk about it, more will be healthy living among them and much better is the situation of both the relationship comes to an end.

See the options in the Brazilian legislation:


- Establishment of a family through a formal contract and solene.Pela Brazilian law, the rule is the spouses marry in partial communion of goods, if not sign a pact "antenupcial.

- If you like, however, can achieve an agreement before marriage (antenupcial) that will occur and establish the division of assets, if the separação.Além part of the communion, the other legal systems are universal communion, separation of total goods and the end of aquesta.


- Communion partial: only the property acquired after the marriage are shared by the couple, if they are separate.

- Communion universal: the separation, all goods are shared.

- Total Separation: each remains with the property that are in your name, in the event of separation.

- Participation of final aquest: for this system, it is understood that the assets of the spouses, while married, are separated (as in total separation). However, with the separation of the couple, the scheme is part of the community, ie, property acquired by them during the marriage shall be distributed in an equal manner.

Stability Stable Union

- It is the formalization of sustainable living, public and continuous, between man and woman, set in order to be less formal family and marriage that the spouses can establish the conditions for division of property, if they are separar.Pode also be made by homosexual couples.

Source: Gazeta do Povo

This article was translated by an automatic translation system, and was therefore not reviewed by people.

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