Brazil Marriage Agreement: Understanding the Legal and Financial Aspects

A marriage agreement, also known as a prenuptial agreement or prenup, is a legal document that outlines the division of assets and debts in case of divorce or death of one of the spouses. In Brazil, prenups are regulated by the Civil Code and can be an effective tool to protect individual property and minimize conflicts in a marriage.

Why Consider a Brazil Marriage Agreement?

Couples may choose to have a prenup for several reasons, including:

1. Protection of individual property: A prenup can ensure that each spouse retains ownership and control over their assets and liabilities acquired before and during the marriage.

2. Clarification of financial responsibilities: The agreement can establish the financial responsibilities of each spouse during the marriage, such as paying specific bills or expenses.

3. Avoiding conflicts: By agreeing on how assets and debts will be divided in case of divorce or death, a prenup can minimize conflicts and legal battles.

4. Business purposes: A prenup may be required to protect business interests or assets.

How to Create a Brazil Marriage Agreement?

To create a prenup in Brazil, the couple must follow these steps:

1. Draft the agreement: The prenup must be in writing and signed by both spouses and two witnesses. The document should contain details of each spouse`s assets, debts, and any other financial arrangements that the couple agree on.

2. Register the agreement: The agreement must be registered at a notary public`s office before the wedding.

3. File the agreement with the marriage certificate: The prenup must be filed with the marriage certificate, and a copy must be kept by each spouse.

What Can a Brazil Marriage Agreement Cover?

A prenup in Brazil can cover any financial arrangements that the couple agrees on. Some examples include:

1. Division of property: The agreement can outline how the couple`s property will be divided in case of divorce or death.

2. Alimony or spousal support: The prenup can determine whether either spouse will receive alimony or spousal support in case of divorce.

3. Inheritance: The agreement can specify how the couple`s assets will be distributed in case of death.

4. Business interests: The prenup can protect any business interests or investments that either spouse has.


A Brazil marriage agreement can be an effective tool for couples to protect their assets and minimize conflicts in case of divorce or death. It is essential to follow the legal requirements and ensure that the document covers all necessary financial arrangements. Consulting with a lawyer experienced in prenups can help couples create an agreement that meets their needs and protects their interests.