06/12/2024 – 7:00
This June 12th is to celebrate romanticism in the country, since, here in Brazil, it is Valentine’s Day. In general, in other countries, the official date for lovers is February 14th, Saint Valentine’s Day, the saint who became known for acting as “cupid”.
But, in addition to special dinners and gifts, the moment can be an opportunity for couples to think about their relationships from a legal and financial point of view. Yes, this is a blow to romanticism, but, according to experts, it is important to avoid disputes over property, as love can, indeed, one day end. And a dispute may begin.
“It must no longer be taboo to talk about property and financial matters with your partner. People are embarrassed to address this at the beginning of the relationship”, says lawyer Miriane Ferreira, a specialist in Family Law.
Miriane advises couples to lose this awkwardness and be aligned about the relationship situation from the beginning. It is worth noting that the rules are valid for both hetero and homosexual couples.
stable union
Contrary to what many think, the legislation does not establish a minimum duration of the relationship for it to be considered a stable union.
Today, what will characterize this status is public, continuous and lasting coexistence, which has the objective of establishing a family, in accordance with article 1,723 of the law that established stable unions in the Civil Code, law 10,406 of 2002.
Living together, for example, makes the characterization as a stable union stronger. However, living in separate houses also does not guarantee that the relationship will be interpreted in a less formal way.
Although it is more difficult to establish a stable relationship between those who have different addresses, it is possible that it can be considered in cases of couples who do not live together. “You don’t need to live together. If the relationship was public, if independent witnesses state that they saw the parties as a couple, it can be considered a stable union”, explains Miriane.
The criterion regarding the intention to create a family is a little more difficult to establish, since today there are different views on what forms a family, and the type of objective can change over time. Therefore, currently, the interpretation of whoever judges the case will be valid, based on the evidence presented, mainly the testimonial evidence.
In general, stable union contracts are made with a regime of partial separation of assets, which determines that, in the event of dissolution of the union, the assets distributed are those acquired during the relationship, leaving individual assets prior to the union excluded from the sharing. , inheritances, donations, pensions and assets for personal use and professional purposes.
A common misconception about a stable union contract is that it would be valid for one year, but, by law, this type of contract does not have a defined term.
Dating contract
With social changes and so many new types of relationships, the option of a dating contract emerged, a document that, in theory, shields the dating couple from the effects of a stable union, such as sharing of assets, pension or inheritance rights in the event of a death.
“This contract can prevent the eventual sharing of an asset acquired by one of the parties during the relationship, for example. Because the couple has formalized that the relationship is a relationship and not a stable union”, says lawyer Mariane Stival, from Celso Cândido de Souza Advogados.
However, lawyer Miriane says that it is possible that this dating contract will be disregarded if it is proven that it was a stable union, based on the criteria already listed. “There are couples who enter into this contract at the beginning, but end up, over time, meeting the criteria for a stable union, especially if a certain financial dependence is proven. Or even in cases where it is proven that it was done as a way of disguising a stable union to ‘escape’ the sharing of assets in a possible end.”
For those who want to reinforce legal security and protect their assets, Miriane recommends two paths. One of them is to live in separate residences and sign a dating contract, a redundancy to qualify the relationship as a “simple” dating relationship. Or, if you live together, enter into a stable union contract with total separation of assets.
Both the stable union contract and the dating contract do not require the participation of lawyers, but it is recommended that you consult a professional to better define the agreed terms and for legal certainty. It is also not necessary to be notarized (public deed), they can be made as a private contract recognized between the parties, but it is recommended that there be at least signature recognition for any future questions.
Duties in stable union or marriage
In general, whether in marriage or in a stable union, Mariane Stival explains that the duties of partners include providing reciprocal assistance, both morally and materially, supporting each other emotionally and financially, as established in article 1,724: “Personal relationships between companions will obey the duties of loyalty, respect and assistance.” Furthermore, in the case of shared children, it is necessary to share custody, support and education of the children.
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