01/05/2026
In Brazil, upon entering marriage, the spouses must choose one of the property regimes provided by law, which shall govern the administration and future division of the couple’s assets. The amendment of the property regime may only be made through a judicial proceeding, upon a request filed by both spouses, pursuant to Article 1.639, 2nd paragraph, of the Brazilian Civil Code.
On the other hand, the amendment of the property regime in a common law marriage may be carried out through extrajudicial means, by way of a simpler and faster procedure, which is currently consolidated under Provision No. 149 of the National Council of Justice, issued in 2023.
Pursuant to Article 547 of Provision No. 149/2023, the property regime applicable to a common law marriage may be directly amended before a notary public, by means of the execution of a public deed, provided that the following requirements are met: mutual consent between the parties, full legal capacity, and absence of losses to third parties.
In addition, Article 548 of the relevant Provision sets forth the documentation required for the amendment of the regime, e.g.: certificates issued by civil and tax enforcement courts, by the protest notary offices and by Labor Courts, relating to the couple’s place of residence over the past five years, as well as the submission of a proposed division of assets or a statement declaring the absence of assets to be divided.
The possibility of amending the property regime through extrajudicial means, within the context of a common law marriage, allows couples to adapt their asset planning to the different stages of their marital and business lives, independently of a judicial decision.
Under this perspective, it may be concluded that, when compared to a conventional marriage, a common law marriage provides greater flexibility for couples to structure the administration and future division of their assets and, for this reason, may and should be regarded as an important tool for estate planning, asset protection, and/or financial reorganization.
Coauthored by: Marcelo Paolini, José Silvano Garcia Junior and Theodora Ribeiro Parreira
