23/06/2025
Thinking of a family composed of an ordinary couple, we may guess that the spouses are in love with each other, and have common plans for the future.
Even though the relevant couple shall have established a proper marriage regime for their union, internal and external circumstances inevitably come to alter, over the years, each spouse’s routine, individually speaking, as well as that of the family, as a whole. This transformation may raise not only financial issues but also may impact the roles and the daily tasks of each family member, which shall eventually lead to a misalignment.
Conflicts, misunderstandings, and difficulties that arise form living together are normal situations in any intimate relationship which can compromise harmony and joint planning. However, from a legal standpoint, what can be done to readapt the “mutual promises” previously made by the couple and realign their expectations and relationship?
In this context, the paramarital contract (“Contrato Paraconjugal”) emerges as an alternative for such planning. It is a formal agreement signed by the couple to adapt and transform the marital duties outlined in Article 1.566 of the Brazilian Civil Code — namely, mutual fidelity, cohabitation, mutual assistance, respect, among others — into contractual obligations that can generate penalties in case of violation.
The Contrato Paraconjugal establishes rules for the living together, the administration of assets, predefining rights and duties within the marital or parental relationship, such as the education, custody, and support of children, among others.
Such agreement contains specific clauses reflecting the couple’s wishes, objectives, responsibilities, and needs, while filling in gaps left by the lack of formalism in the day-to-day life of the spouses, which is otherwise governed only by the general rules of the Brazilian Civil Code, which are quite generic.
Though the Contrato Paraconjugal lacks specific legal provisions, it stems from a dissertation recently defended by Brazilian family law attorney, Silvia Felipe Marzagão, and has, ever since, been adopted by couples aiming to rebalance reciprocal rights and obligations, thereby providing greater security and transparency in the relationship.
Undeniably, the Contrato Paraconjugal could fill in a gap in Brazil due to the absence of a post-nuptial agreement legal provision, and could be presented as a contractual tool to reinforce the couple’s union or, if not feasible, at least to create conditions for a consensual and respectful divorce.
Authored by: Carlo Fantoni Neto
