By Elena Giannattasio, International Family Lawyer (New York & San Francisco), Multi-Jurisdictional Divorce, PLLC
Brazil generally recognizes and enforces prenuptial agreements, with Article 256 (II) of the Brazilian Civil Code confirming their validity when properly executed. Brazilian courts also tend to respect a marital agreement that is valid under the law of the place where the marriage occurred, making Brazil relatively predictable in cross-border matters.
Most Brazilian couples select a marital property regime at the time of marriage rather than relying on a customized prenuptial contract. Brazil provides four regimes, each carrying its own financial framework:
- Comunhão Parcial (Partial Community Property – Default Regime)
This is the default system applied unless spouses choose otherwise. Under this regime:
● All premarital assets remain the separate property of each spouse.
● Property acquired during the marriage using premarital resources or rights also remains separate.
● Assets acquired after the marriage are generally considered joint property. - Comunhão de Bens (Full Community Property)
All assets, both premarital assets and those acquired during the marriage, are treated as jointly owned unless expressly excluded. - Separação de Bens (Separate Property)
Each spouse maintains exclusive ownership of both premarital and post-marital property. No shared estate is created. - Participação Final dos Aquestos (Final Participation in Acquests)
This hybrid regime allows spouses to retain separate ownership during the marriage but requires a fair division of assets acquired during the marriage at the time of dissolution. It blends separate management with equitable distribution.
Cross-Border Considerations
For internationally mobile couples, Brazil’s acceptance of agreements valid under foreign law offers some predictability. Nonetheless, proper drafting, and a clear understanding of the chosen marital regime, is critical when an agreement may later be examined by courts in multiple jurisdictions.
Our Global Practice Perspective
At Multi-Jurisdictional Divorce, PLLC, we assist clients with prenuptial agreements that intersect with Brazilian law and property regimes. From New York and San Francisco, international family lawyer Elena Giannattasio collaborates with local counsel when appropriate to ensure each agreement reflects a global perspective with local enforceability, protecting clients’ interests whether they live in Brazil, the United States, or both.
Foreign Law Disclaimer, Multi-Jurisdictional Divorce, PLLC
This overview concerns foreign law. Elena Giannattasio, Esq. is not admitted to practice in Brazil and does not advise on Brazilian Law. All information is provided strictly for general educational purposes and is not legal advice.