Brazil Counsel

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The Future of Love: Dating Contracts in Brazil

Ready, set, date…oh, wait. First, sign here. It’s just a dating contract.

Let’s face it. You’ve probably never signed a contract with your significant other before. It’s not part of our dating culture in the US. But in Brazil, dating contracts are more prevalent because there’s a genuine risk that a romantic relationship could unintentionally evolve into a união estável or stable union.

A stable union is an alternative to marriage and is deemed to exist when a couple expresses an intention to form a family. It doesn’t necessarily mean they live together; they don’t need to have kids; and there’s no set time they need to be in a relationship. In reality, whether a stable union exists is left to the couple to decide - at least until there’s a dispute. Then it’ll be up to a court to decide.

If a court finds that you’re in a stable union, the legal implications could be substantial. Your partner could potentially claim rights to your assets, inherit your estate in the case of death and even request alimony if you separate. The legal consequences are essentially the same as those of a formal marriage.

Hence the value of signing a dating contract. Although it might feel awkward at first, a written agreement filed with a notary office in Brazil can help define your relationship status and avoid legal uncertainty. It could also save you from a lengthy and stressful legal battle by declaring publicly that you’re not in a stable union.