Legally marrying goes beyond choosing dates, groomsmen and dress. You should also keep in mind what kind of property regime you and your fiancé will choose to avoid any type of headache in the future.
And if you’re part of the class who thinks talking about finances and sharing goods is dispensable or breaks the “romantic” climate that involves a marriage, time to rethink: wisely choosing the best for both of you will ensure a much more marital life happy and quiet.
If you have never talked about it but are planning to get married, it is important to separate a little time to know and opt for the regime that best serves your purposes. There are three types of asset regimes applied in Brazil:
Marriage with Universal Communion of Goods
As the name suggests, all assets acquired by the spouses, before or after marriage, will integrate the same assets. That is: you will have a common equity, to be shared in equal parts in the event of divorce. The disadvantage is that the spouses also account for all debts contracted, even those that were made before the union became legalized.
Marriage with Partial Communion of Goods
This is the type of scheme automatically chosen if the couple does not opt for another type of scheme. In this case, only what is acquired by the spouses during the period in which they were married is shared, regardless of who paid the largest amount for the purchases.
All private property before marriage remains individual and does not enter into shares.
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Marriage with total separation of property
Those who opt for the regime of total separation of assets will have their individual assets preserved, both what they obtained before and during the marriage. This means that in case of divorce, nothing will be shared between the spouses and each will only have what he already had and also got it in his own name while he was married.
The only things divisible, in this case, are the acquisitions that are in their name. This regime is mandatory for those who are over 60 years of age.