Stable union: understand what it is and what the rights are

The press office of singer Anitta confirmed that she and the businessman Thiago Magalhães made the relationship official stable union before the law🇧🇷 But what, exactly, does that mean?

THE stable union It is a way of constituting a family recognized by the Federal Constitution. To do so, it is necessary to prove that there is an affective relationship between two people that is lasting, public and with the aim of forming bonds.

Unlike marriage, it is not proven just by signing a document. Brazilian legislation applies some rules that validate the regime in Law 9.278/1996. The first is public coexistence, that is, other people must validate that the relationship exists.

There are other elements that are not required by law, but help to prove a stable union, such as relationship time. Before, the law required the couple to be together for at least five years, but the rule has fallen, although it still ends up counting informally.

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What is the difference between marriage and common-law marriage?

The marriage is formalized through a celebration performed by a justice of the peace or of law. After civil registration, the marriage certificate is issued. A stable union, on the other hand, is regularized through the Stable Union Pact, made at the registry office or by private means.

In case of divorce, if the married spouses have minor children, the marriage must be finalized before the Judiciary. In the case of a stable union, it is only necessary to prove that the relationship is over. One of the ways to do this is to show a broken joint account or the lease for the apartment, for example, or through witnesses.

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division of goods

Most judges consider stable union as separation of goods, that is, everything that was acquired before and after officialization is the private property of each one.

However, if it is not specified under which property regime the union was made, there is a risk that the judge will consider universal communion and the partner will take half of everything in case of separation.

It should be noted that the certificate of stable union does not change the couple’s marital status🇧🇷 The two remain single under the law. However, the end of the official relationship must also be registered in a notary.