This is a common doubt that needs to be clarified. The matrimonial property regime is in no way confused with custody issues for children born of marriage. The matrimonial property regime concerns in particular the division of property as a couple between the spouses. Because of its peculiarities, the Covenant cannot contain clauses and conditions unrelated to its objectives. On the contrary, they are subject to the right to obligations, but they will not be part of the right of property. If, after marriage, one of the spouses assumes the obligation to sell property to another, the latter is not included in the electoral system. Similarly, if the child has been recognized, this declaration has the effects of the respective provisions, but does not materially constitute the content of the marriage contract. These declarations of intent are independent of marriage or not because they have their own autonomous power. The use of the public charter of the Antenupal Covenant does not make it dependent on the vicissitudes of marriage, including the solemnization of marriage. (LÔBO, 2014, p. 304). The increase in the value of shares acquired before the marriage does not communicate, since it is an economic factor and no joint effort has taken place.

In the surrogacy of private property with the addition of part of the joint effort, there will be the communication of this party, which has been increased. The property acquired before the marriage, together with the benefits paid in the constancy of the marriage, the share paid during the marriage will be communicated. – De facto separation for 1 year;- De facto separation for 1 year, if divorce is requested by one of the spouses without objection from the other;- The absence of one of the spouses without notice for a period of at least 1 year;- The modification of the mental capacities of the other spouse, if it lasts more than 1 year and whose seriousness jeopardizes the possibility of living together;- All other facts, which show the definitive breakdown of the marriage. In the World Communion of Goods, inheritance before marriage and inheritance acquired during marriage are now fully divided for the couple. However, this autonomy is limited. In article 1639 of the Civil Code, the legislator grants freedom of choice by declaring nubentes lawful before solemnizing the marriage and by determining “what they want” with regard to their property. And in the following articles already begin restrictions and subsidies, and then no longer allows this freedom. – Will participate in the succession: the spouse married to the regime of conventional separation, the regime of partial communion of property when the cujus have left private property, and the regime of definitive participation of aquestos. Because when two people get married, they usually already bring their own assets and debts with them. It is important to define whether they belong to the couple or will continue to be individuals of each of them. The same applies to assets or debts which do not yet exist, but which are likely to exist in this Union.

It is the property that determines that they will be of the couple or of each of its members, in particular. Usually, it`s when a marriage or union ends that people start to really worry about property rights issues. In practice, however, this is an issue to consider at the beginning of any relationship – as this is where the most important rules come into force and come into effect. In the Antenupcial Covenant, the nubents decide which matrimonial regime is to be adopted, different from the legal regime that concerns the sub-community of property, with the freedom to change or ward off the norms of disposition of a certain type chosen. They can even create a new regime. However, this autonomy is limited. The law sets a limit on ownership and non-equity clauses. Therefore, it restricts the freedom of the bride and groom. It is therefore necessary to redefine the Annual Pact in order to meet the expectations of the parties and to identify the specificities of each concrete case in a more free and innovative way. It should be obrjetivo the formation of a future family happy with their own choices.

The partial community of property regime is the legal regime provided for in articles 1658 to 1666 of the Civil Code, which applies when Nubentes remain silent or when nullity or ineffectiveness occurs at the time of the choice of status. This regime is formed by the special property of concubines and by transferable property acquired in the constancy of marriage. It should be noted that, almost always, a bad choice of property regime in the event of divorce can have disastrous consequences, that is, the issue is relevant and deserves our attention. Any asset is only valid if it is an act of will. In other words, whether defining or modifying a property regime, it is invalid that the person was “forced” to accept a condition, because it implies a defect of will that nullifies this determination of the regime. This is one of the reasons why the modification of the matrimonial regime requires judicial authorization. It is precisely because it is discriminatory that such a settlement triggers debate in the courts. The controversies in the divorce and partition proceedings were so great that the Supreme Court issued a summary brief contradicting the law, the famous Summary 377, which literally provides that property acquired in the constancy of marriage under the regime of forced separation must communicate. Although there is no common life between the spouses, marriage continues to exist, preserving all its effects and conjugal duties (respect, fidelity, cohabitation, cooperation and assistance). Before marriage, the bride and groom can choose the regime of property they wish to accept for their married life.

The statutory matrimonial property regime consists of a set of rules that essentially determine who owns the property of married persons. The consequences of the family ownership system are innumerable. Marriage has various legal effects affecting the personal and economic lives of the parties. He has experience in recognizing an absolute presumption (juris and de jure) of joint cooperation for the costly acquisition of property (e.g. purchase and sale) in the constancy of marriage. In other words, it is believed that during cohabitation, one of the spouses helps the other to acquire property, also psychologically or morally, not only economically. Thus, all property acquired during the marriage is the fruit of mutual aid, without the claim of a lack of common effort. (FARIAS; ROSENVALD, 2010, P. 291).

Another example: a woman whose marriage broke down because it was null or void, up to ten months after the beginning of the dissolution. Why should you wait ten months? See if she is pregnant. According to this rule, each spouse belongs only to the property he or she owned before the marriage and to the property he or she will acquire after the marriage and during the marriage by inheritance (by death of another) or by gift or in his or her own name. Both spouses belong to the other property, i.e. property acquired after the marriage by means other than inheritance, gift or pre-marriage right. These assets include income from the spouses` work and income from property belonging only to each of them. All these assets are called joint assets, consisting of one or more assets and a contingent liability (debts), in which each spouse holds a half interest. As already mentioned, in addition to the property clauses that occur most often, non-equity clauses can be established, such as study and custody of children, homework, with whom animals will be related, fines for treason, in case of divorce, renunciation of mutual fidelity, compensation in case of dissolution of marriage (for the spouse, who has given up a job or the possibility of accompanying his wife.) All this is possible as long as it does not violate the law and fundamental rights and guarantees. This allows Nubentes to create clauses as long as they are legal and valid. Now that you know the basics of property law, it is always worth removing the doubts that arise throughout the text. Therefore, we are preparing answers to some of the questions we receive most often here at the Galvão & Silva office on this subject: §1 – The property regime between the spouses begins to enter into force from the date of marriage. Well, this reading confuses many people.

If they want to communicate the property acquired in the constancy of marriage, would it not be a sub-community of disguised property? This definition may seem bureaucratic at first glance, since couples live together and almost inevitably share their lives and material conditions during a relationship. However, it is precisely this definition of the matrimonial property regime that determines what will be the division of property after marriage at the time of divorce. Yes, the matrimonial regime can be changed during the marriage, provided that this is justified and requested by the court. In other words, the change in regulations is not available for couples, which can be changed at any time. Judicial authorization is required to prevent fraud that harms third parties. – Forced separation: As with private property, the surviving spouse does not compete with descendants.