Understanding Stable Union in Brazil: What It Is and How It Works

In Brazil, the “união estável” (stable union) is a legal arrangement that recognizes a domestic partnership between two individuals who live together in a committed, continuous, and public relationship, much like a marriage. It’s a popular option for couples who wish to formalize their relationship without going through the formalities of a traditional wedding. However, this legal arrangement comes with its requirements and implications, including responsibilities in the event of a separation.

What Is a Stable Union?

A stable union is defined in the Brazilian Civil Code as a relationship between two individuals (of any gender) who live together in a lasting and public manner, with the intention of forming a family. Unlike marriage, a stable union does not require a ceremony, but it carries many of the same legal rights and obligations, such as property sharing, inheritance rights, and even spousal support in certain cases.

What You Need to Establish a Stable Union

To formalize a stable union, you and your partner need to meet certain criteria and follow a few steps. Here’s what you’ll need:

1. Mutual Agreement: Both partners must willingly agree to be in a committed relationship and recognize the relationship as a stable union. There must be a clear understanding between the partners about their intention to form a family unit.

2. Public Nature The relationship must be public, meaning the couple and their social circles openly recognize it. It should not be hidden or secretive, as the union intends to be acknowledged as a family-like relationship.

3. Continuity: The relationship must be continuous, not sporadic or temporary. While the law does not specify a minimum duration, the relationship must demonstrate stability over time.

4. Intention to Form a Family: The couple must show that they are committed to forming a family, even if they do not have children. This can be demonstrated through shared responsibilities, joint financial arrangements, or evidence of living as a unit.

5. Not Being Married to Another Person: Both partners must be single, divorced, or legally separated. If one or both partners are married to someone else, they cannot establish a stable union unless the marriage has been legally dissolved.

6. Cohabitation (Optional): While cohabitation (living together) is not mandatory, it is often seen as a strong indication of a stable union. Couples who do not live together may still establish a stable union if they can demonstrate the other criteria.

7. Relationship Between Two Individuals: A stable union can be established between two individuals of any gender, as Brazil legally recognizes same-sex unions. The couple must not be in a polygamous relationship or relationship involving more than two people.

8. Evidence of the Relationship: While informal recognition is possible, providing evidence of the relationship is essential, especially for legal purposes. Examples of evidence include:

• Joint bank accounts or investments.

• Shared property ownership or lease agreements.

• Documentation of shared financial responsibilities (e.g., utility bills, loans).

• Photos, messages, or testimony from friends and family confirm the relationship's nature.

To formalize the arrangement, you have two options:

1. Informal Recognition: A stable union exists legally as soon as both partners meet the criteria, even without formal documentation. However, this can lead to complications in proving the relationship in legal matters.

2. Formal Declaration: Most couples opt to formalize their stable union by registering it at a cartório (notary office) with a legal declaration.

Steps to Register a Stable Union in São Paulo or Rio de Janeiro:

• Visit a local cartório (notary office) to request a stable union declaration. You will need:

• Identification documents (e.g., passports, IDs).

• Proof of marital status (e.g., a certificate showing you’re single, divorced, or widowed).

• Witnesses (optional but sometimes recommended).

• Payment for the notary fee, which varies by location.

• In São Paulo, visit Cartórios de São Paulo to find the nearest notary office.

• In Rio de Janeiro, check Cartórios de Rio de Janeiro for locations and contact information.

Legal Ramifications of a Stable Union

While a stable union provides many of the same rights and protections as marriage, it also comes with responsibilities, particularly if the relationship ends. Here’s what you need to know about the legal implications:

• Property Division: By default, the stable union operates under the “partial community of property” regime, meaning that all assets acquired during the relationship are divided equally upon separation. If you wish to operate under a different property regime (e.g., total separation of property), this must be specified in the formal declaration.

• Spousal Support: In certain cases, one partner may be required to pay alimony (known as pensão alimentícia) to the other, especially if one partner was financially dependent on the other during the relationship.

• Child Support and Custody: If the couple has children, the separation will involve legal proceedings to determine child custody, visitation rights, and child support obligations.

• Inheritance Rights: Partners in a stable union have inheritance rights under Brazilian law. This means that, in the event of one partner’s death, the surviving partner may inherit property and assets, even without a formal will.

Responsibilities in Case of Separation

Ending a stable union can have legal and financial consequences. Here’s what you need to keep in mind:

• Formal Dissolution: To formally dissolve a stable union, both partners can sign a dissolution agreement at the same cartório where the union was registered. Legal proceedings may be required if there are disputes (e.g., about property division or child custody).

• Division of Assets: Unless specified otherwise, assets acquired during the relationship will be divided equally. This applies to real estate, savings, and other jointly held property.

• Debts and Liabilities: Depending on the terms of their property agreement, both partners may also be responsible for debts incurred during the relationship.

• Legal Representation: If disputes arise, it is recommended that you hire a lawyer to navigate the complexities of family law in Brazil.

Advantages of a Stable Union

For many couples, a stable union offers flexibility and legal security without the formality of marriage. It is beneficial for couples who prefer not to marry for personal or financial reasons but still want to protect their rights as partners. It’s also a key option for same-sex couples, as Brazil recognizes stable unions for LGBTQ+ relationships.

A stable union is a practical and widely accepted way for couples in Brazil to formalize their relationship. While it provides many legal rights and protections, it’s important to understand the responsibilities and potential consequences, particularly in the event of a separation. By ensuring that your stable union is properly documented and considering legal counsel for drafting agreements, you can enjoy the benefits of this arrangement with clarity and peace of mind.

For more detailed guidance and to begin the process, visit Cartórios de São Paulo if you’re in São Paulo or Cartórios de Rio de Janeiro if you’re in Rio de Janeiro. Both platforms offer detailed information about locations, services, and fees to help you formalize your union smoothly. Begin the process of formalizing your stable union.