PRENUPTIAL AGREEMENTS IN BRAZIL

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Prenuptial agreements are normally enforceable in Brazil. See Article 256, II of the Civil Code. Brazilian courts will normally recognize a marriage contract that is valid under the law of the place of the marriage.

However, it is far more normal in Brazil for couples to choose a marital regime at the time they marry. Four regimes are available. The default regime is Comunhao Parcialwhereby (a) the premarital property of each spouse remains the personal property of such spouse together with any property purchased during the marriage using resources or rights which predate the marriage and (b) property acquired after the marriage is owned jointly. Other available regimes are Comunhao de Bens (community property),Separacao de Bens Ruling (separate property) and ParticipacaoFinal dos Aquestos (final partition of acquisitions, meaning that assets acquired during the marriage will be divided fairly).




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