Prenuptial agreement in São Paulo
Choosing the property regime by public deed before the wedding — custom clauses, international couples and protection of family assets. In person at Avenida Paulista or remotely.
5,0 · 18 Google reviewsThe prenuptial agreement — the pacto antenupcial — is the public deed that chooses the property regime before the wedding: full community, partial community, final participation, or total separation (CC, art. 1.653). Without it, the law applies partial community. For international couples, it is coordinated with the applicable law — and for family assets, it is the first layer of protection.
What the agreement decides.
- Choosing the regimePartial community (default), full community, final participation or total separation — each with different effects on what divides.
- Custom clausesAsset allocation, business protection, treatment of future income and inheritances — within legal limits.
- Business protectionCompany shares and business assets kept out of the marital estate — coordinated with corporate structure.
- International couplesWhen spouses have different nationalities or domiciles — the pact is coordinated with the applicable law on the property regime (international family law).
- Cohabitation contractThe equivalent instrument for stable unions — same function, same formal requirement. See stable union.
- Estate planning integrationThe agreement coordinates with wills, donations with usufruct and succession planning.
- Registration and effectThe deed must be registered at the Civil Registry of the couple's domicile — and noted at the property registry for real estate.
Without a pact, the law decides the regime — partial community.
Marrying without a prenuptial agreement means partial community applies automatically: assets acquired during the marriage divide equally, pre-marriage assets stay separate. For many couples that is right — for others, particularly with businesses or inherited assets, it is not.
The agreement is made by public deed before the wedding and registered at the Civil Registry. It cannot be made after the wedding (that is the contrato de convivência for stable unions, or the judicial regime change for married couples).
International couples face the applicable-law question: different nationalities, domiciles or assets abroad mean the regime could be governed by a foreign law — or the assets located in Brazil by Brazilian law. The pact resolves the uncertainty in advance.
For family businesses and significant estates, the agreement is the first layer of asset protection: it keeps the marital estate separate from business risk and coordinates with donation, usufruct and corporate structure.
How we run the case.
- Map the assets and goalsWhat each brings, what will be built, and what must stay protected.
- Choose the regime and clausesThe regime that fits — plus the custom clauses that make it work.
- Execute the public deedThe agreement is made in a notarial deed before the wedding.
- Register and annotateRegistration at the Civil Registry and annotation at the property registry for real estate.
What to bring to the first conversation.
Documents that speed up the review
The asset inventory and the couple's goals define the right regime and clauses.
- Both parties' ID documents
- Inventory of pre-marriage assets
- Business ownership documents
- Expected income and asset plans
- Foreign marriage or residency documents
- Existing wills or estate plans
- Property titles and valuations
- Previous marriage certificates, if applicable
Case review and a written proposal before any step is taken. Informational content under Brazilian Bar Association Rule 205/2021 — it does not replace an assessment of your case.
What clients say on Google.
“From the very start I was looked after exceptionally. The team is attentive and explains every step.”
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Rita G. · Google“Very polite, patient, always with precise, accurate answers. I recommend them with no reservations!”
Thais T. · GoogleTranslations of real client reviews published on Google.
Who leads this area.
Founding partner at Falchet e Marques (OAB/SP 428.777). Postgraduate in Real Estate Law (PUC/SP) and Succession Law (PUC-Campinas), she leads the real estate, family and probate practice. Straight to the point, no legalese.
Meet Letícia MarquesCommon questions.
What happens without a prenuptial agreement?
Partial community applies by law: assets acquired during the marriage divide equally; pre-marriage assets stay separate. For many couples that is right — for business owners or heirs, often not.
Can the agreement be made after the wedding?
No — the pacto antenupcial must precede the wedding. Married couples can only change regimes by judicial authorization (see marital property regime).
Can we protect business assets?
Yes — the agreement can keep company shares and business assets out of the marital estate, coordinated with the corporate structure. It is the first layer of asset protection.
Do international couples need it?
Especially — different nationalities or domiciles raise the applicable-law question, and assets in Brazil may fall under Brazilian law regardless. The pact fixes the regime in advance.
Does the agreement cover inheritance?
The property regime affects succession — the agreement coordinates with wills and donations but does not replace estate planning.
Is a public deed required?
Yes — the agreement is only valid as a public deed, registered at the Civil Registry of the couple's domicile, and annotated at the property registry for real estate.
Will the default regime work — or do you need a pact?
Send the asset map and your goals: we design the regime and clauses, execute the deed and handle the registrations — with a written proposal.