Common-Law Marriage in Brazil - social partnership / stable union

Recognition of Stable Union in Brazil: Legal Framework, Practical Effects, and International Client Guidance

The recognition of a stable union (“união estável”) in Brazil is an increasingly relevant legal issue, both for Brazilian citizens and for foreigners who establish a life partnership in the country. A stable union, as defined in Brazilian family law, refers to a non-marital cohabitation that is public, continuous, and with the intention of constituting a family. Although it differs from marriage in formal requirements, it carries many of the same legal consequences. This article explores the key aspects of the recognition of stable union in Brazil, with an emphasis on its practical implications, legal nuances, and guidance for international clients.

1. Legal Definition and Constitutional Foundations

According to Article 1.723 of the Brazilian Civil Code, a stable union is a recognized form of family entity. It encompasses a public, continuous, and lasting relationship between two individuals who intend to build a family. The Federal Constitution of 1988, in Article 226, §3, also recognizes stable unions as a legitimate family formation, reinforcing the state’s duty to facilitate its legal conversion into marriage, should the couple so wish.

This constitutional status confirms that the recognition of stable union in Brazil is not merely a matter of private arrangement, but a family right anchored in fundamental principles such as human dignity, equality, and the protection of family diversity.

2. Requirements for Recognition

There is no minimal duration required for a stable union to be recognized. Rather, the critical elements are:

Public cohabitation (openly known by third parties);
Continuity and durability;
Intent to form a family;
Absence of legal impediments to marriage.

The presence of children, shared property, or a written agreement may serve as evidence but are not essential. Importantly, Brazilian courts have consistently accepted evidence such as shared finances, joint travel records, and witness statements.

3. Distinguishing Stable Union from Concubinage

One of the most vital legal distinctions is between a stable union and concubinage. Concubinage refers to relationships in which one or both parties are legally impeded from marrying – for example, if one is already married. In such cases, the relationship does not produce the same legal effects and is not protected under family law. The recognition of stable union in Brazil hinges on the legitimacy and legality of the relationship.

4. Property Regime and Legal Consequences

Unless otherwise agreed in a written agreement (a “contrato de convivência”), stable unions are governed by the partial community property regime (“comunhão parcial de bens”). This means that all assets acquired during the union are presumed to result from joint effort and are equally shared, even if only one party formally owns them.

This includes not only financial contributions but also indirect ones such as homemaking, childcare, or supporting the partner’s career. Brazilian doctrine, as noted by Maria Berenice Dias and Carlos Roberto Gonçalves, highlights the equitable approach of the law, which favors the effective solidarity between partners over strict patrimonial formalism.

5. Common law marriage in Brazil: Succession Rights and Ongoing Inequalities

A particularly sensitive area in the recognition of stable union in Brazil is succession law. Historically, partners in a stable union had fewer inheritance rights compared to spouses. However, this disparity has increasingly come under judicial scrutiny. The Federal Supreme Court (STF) and the Superior Court of Justice (STJ) have rendered decisions that favor equal treatment, particularly in light of constitutional principles of equality and protection of family diversity.

Nevertheless, as Paulo Lôbo observes, despite progress in jurisprudence, legislative harmonization is still lacking, and disputes often arise when the deceased leaves both a legal spouse and a partner in a stable union. For international clients, estate planning that anticipates and mitigates these conflicts is essential.

6. Judicial Recognition and Evidentiary Standards

One of the most unique features of Brazilian law is that a stable union can be judicially recognized post factum – even if one of the partners disputes it. The recognition of stable union in Brazil may be pursued through a judicial action known as “Ação de Reconhecimento e Dissolução de União Estável.”

Courts will evaluate the existence of a stable union based on evidence. Documents such as utility bills, lease agreements, photos, and witness testimony are frequently admitted. In the absence of a written agreement or public declaration, courts often apply the property regime of partial community of assets by default.

7. Role of Legal Counsel and International Considerations

Brazilian law mandates legal representation in actions involving the recognition or dissolution of stable union. This ensures procedural fairness and legal security.

For international clients, the recognition of stable union in Brazil presents specific challenges:

Understanding the evidentiary requirements in a foreign legal system;
Coordinating legal documentation from abroad;
Navigating immigration issues related to family status;
Protecting property and inheritance rights through proper legal instruments.

It is crucial to engage specialized legal counsel to ensure that the rights arising from a common law marriage in Brazil (stable union) are effectively recognized and enforced.

8. SEO-Optimized Conclusion and Call to Action

The recognition of stable union in Brazil is a powerful legal instrument that protects non-marital family formations, secures patrimonial rights, and fosters equality among partners. Despite its many benefits, the process entails specific legal complexities that require expert legal guidance, particularly for foreign nationals or binational couples.

If you believe you may be entitled to the legal recognition of a stable union in Brazil or wish to safeguard your rights through proper legal instruments, we invite you to consult our office. Visit our stable union legal guide, or learn more about succession planning in Brazil. You may also read about property division rules or explore our legal services for foreigners.

To deepen your understanding, we also recommend the following authoritative external resources:

For personalized legal assistance, visit our contact page. Secure your rights. Recognize your stable union in Brazil.