Prenuptial Agreements in Brazil

Marital Property Regimes in Brazil

In Brazil, it is more common for couples to select a marital property regime at the time of marriage. There are four recognized regimes:

1. Partial Community Property (Comunhão Parcial) – This is the default regime. Under this arrangement:
   
   
   • Each spouse retains ownership of property acquired before the marriage, as well as property purchased during the marriage using assets or rights obtained prior to the marriage.
     
     
   • Property acquired after the marriage is considered joint property.
     
     
2. Full Community Property (Comunhão de Bens) – All assets, both prior to and during the marriage, are jointly owned.
   
   
3. Separate Property (Separação de Bens) – Each spouse maintains separate ownership of all assets, whether acquired before or during the marriage.
   
   
4. Final Partition of Acquisitions (Participação Final nos Aquestos) – Each spouse retains their own property during the marriage, but assets acquired during the marriage are divided fairly upon divorce or death.
   
   

Cross-Border Experience

Our office has handled multiple prenuptial agreements between U.S. and Brazilian citizens, always working closely with local legal counsel in each relevant jurisdiction to ensure compliance and enforceability.