Prenuptial agreements are normally enforceable in Brazil. See Article 256, II of the Civil Code. Brazilian courts will normally recognize a marriage contract that is valid under the law of the place of the marriage.

However, it is far more normal in Brazil for couples to choose a marital regime at the time they marry. Four regimes are available. The default regime is Comunhao Parcial whereby (a) the premarital property of each spouse remains the personal property of such spouse together with any property purchased during the marriage using resources or rights which predate the marriage and (b) property acquired after the marriage is owned jointly. Other available regimes are Comunhao de Bens (community property),Separacao de Bens Ruling (separate property) and ParticipacaoFinal dos Aquestos (final partition of acquisitions, meaning that assets acquired during the marriage will be divided fairly).

Our office has worked on several U.S. – Brazil prenuptial agreements, always collaborating with local counsel in all jurisdictions as appropriate.

Disclaimer: We are admitted to practice only in New York but work as appropriate with lawyers throughout all U.S. states and throughout the world.