Marriage Regimes in Brazil: A Legal Guide for Foreigners, Expats, and Binational Couples

Understanding Brazilian family law is essential for foreigners living in Brazil or holding assets in the country. The marital property regime and the legal distinction between civil marriage and common-law relationships (união estável) directly affect property division, inheritance, and financial security in cases of divorce or death. This article provides an educational and legally grounded overview of the types of marriage regimes in Brazil, their practical effects, and the key legal differences between marriage and união estável, with a focus on issues commonly faced by foreigners, expatriates, and binational couples.

This content is for informational purposes only and does not constitute legal advice.

What Is a Marriage Regime Under Brazilian Law?

A marriage regime (regime de bens), also known as a marital property regime, defines how assets are owned, administered, and divided during a relationship and upon its dissolution. In Brazil, the chosen regime applies not only in the event of divorce but also in succession and inheritance proceedings, including cases of international succession.

Couples must select their regime before marriage through a formal declaration, often made before a notary public. If no choice is made, the Brazilian Civil Code automatically applies the Partial Community of Property regime (Comunhão Parcial de Bens).

For foreigners, this choice is particularly relevant when there are:

• Assets acquired abroad
• International income streams and the inheritance rights
• Previous marriages or children
• Property located in more than one country
• Public Will or if you have an estate planning or international succession

Types of Marriage Regimes in Brazil

1. Partial Community of Property (Comunhão Parcial de Bens)

This is the default marriage regime in Brazil and the most common among both Brazilian and foreign couples.

Key characteristics:

• Assets acquired before marriage remain individual property.
• Assets acquired during the marriage are jointly owned, regardless of whose name appears on the property titles.

In case of divorce:

• Only assets acquired during the marriage are divided equally, often requiring family court intervention.

In case of death:

• The surviving spouse is entitled to half of the jointly acquired assets.
• The remaining portion of the estate is distributed to heirs according to Brazilian succession law.

For foreigners, legal disputes often arise when it is unclear whether assets were acquired before or after marriage, especially when documentation is issued abroad.

2. Universal Community of Property (Comunhão Universal de Bens)

Under this regime, almost all assets are shared, regardless of when or how they were acquired.

Key characteristics:

• Assets acquired before and during marriage are jointly owned.
• Certain exceptions apply, such as inheritances or donations with express exclusion clauses.

In case of divorce:

• All shared assets are divided equally, often requiring the involvement of a family court.

In case of death:

• The surviving spouse generally has extensive property and inheritance rights, which may affect foreign heirs.

This regime is less frequently chosen today and is usually adopted by couples with long-standing shared finances.

3. Total Separation of Property (Separação Total de Bens)

This regime guarantees financial independence between spouses and is often recommended as part of asset protection strategies.

Key characteristics:

• Each spouse retains exclusive ownership of assets acquired before and during marriage. It is a mandatory serparation.
• There is no automatic sharing of property, maintaining separate assets throughout the marriage.

In case of divorce:

• Each party keeps their own assets, simplifying the process in family court.

In case of death:

• The inheritance rights of the surviving spouse depend on the existence of descendants and the applicable succession rules.

This regime is mandatory in specific situations under Brazilian law and is commonly chosen by entrepreneurs, investors, and foreigners with substantial pre-marital assets or businesses abroad.

4. Participation in Final Acquests (Participação Final nos Aquestos)

This is the least used and most complex regime in Brazilian law.

Key characteristics:

• Assets are managed separately during the marriage.
• Upon divorce or death, assets acquired during the marriage are calculated and shared.

Due to its technical complexity and potential for legal disputes, this regime is rarely recommended in practice.

Civil Marriage vs. Common-Law Relationship (União Estável)

Brazil recognizes both civil marriage and common-law relationships, but they are not legally identical — especially in contentious cases involving divorce or inheritance.

Civil Marriage in Brazil

Civil marriage is a formal legal act registered with a Civil Registry Office, often involving a public notary.

Legal advantages:

• Clear proof of the relationship and its start date
• Express choice of marital property regime
• Greater legal certainty in divorce and succession proceedings

For foreigners, civil marriage offers a higher level of predictability, particularly when assets or heirs are located abroad, facilitating international succession processes.

Common-Law Relationship (União Estável)

A união estável is characterized by a public, continuous, and lasting relationship with the intention of forming a family.

Key characteristics:

• No formal registration is required for its existence, but it is recommended
• It may be recognized retroactively by a court
• By default, it follows the Partial Community of Property regime, unless otherwise agreed in writing

For foreign partners, the lack of formal registration often leads to legal disputes over:

• The start date of the relationship
• Whether the relationship legally qualifies as união estável
• Which assets are subject to division

Divorce: Practical Differences for Foreigners

In civil marriage, asset division follows the selected marital property regime, usually resulting in a more straightforward process in family court.

In união estável cases, litigation is more common due to the need to prove:

• The existence of the relationship
• Its duration
• The nature and timing of asset acquisition

This often leads to longer proceedings and higher legal costs, particularly when foreign documents or assets are involved.

Getting married abroad.

If you marry a Brazilian citizen overseas without a prenup specifying the marital regime, you must register the marriage at your local Brazilian consulate and in Brazil. You may add or change the marital property regime after the marriage and update your name if needed. If nothing was defined, and you have assets in Brazil, it may apply the law from the foreign country, or place where you lived more time.

Death and Inheritance: A Critical Point for Expats

Inheritance disputes are where the differences between marriage and união estável become most significant, especially in cases of international succession.

While Brazilian courts have evolved toward equal treatment, a surviving partner in a união estável may still need to prove the relationship before accessing inheritance rights. This can delay estate administration and create conflicts with family members, especially in blended families or when foreign heirs are involved.

For foreigners, proper documentation and estate planning are essential to avoid uncertainty and protect surviving partners.

Final Considerations

Choosing the appropriate marital property regime and understanding the legal implications of marriage versus união estável are fundamental steps for foreigners living in Brazil or investing in the country.

From a preventive legal standpoint, formal civil marriage with a clearly defined property regime generally provides greater legal certainty, especially in international cases.

Consulting a licensed Brazilian lawyer or a Brazilian family lawyer before marriage or long-term cohabitation can help reduce risks, avoid future legal disputes, and ensure compliance with the Brazilian Civil Code. These professionals can provide invaluable guidance on asset protection strategies and estate planning, particularly for those dealing with complex international situations.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a licensed immigration lawyer for guidance tailored to your situation.