does  anyone have an answwer...

I am an american man that married a Brazilian woman. We signed a total asset seperation prenuptial contract written in english and notarized at U.S. consulate in Sao Paulo. But we married in Brazil with a "comunhao parcial de bens".

She is willing to sign any papers necessary to change this to total seperation of assets or some other legal & binding way of keeping money that "I" bring to Brazil as "MINE".

Please help me
e-mail:  markphl892@aol.com 
                

I think you'll have to change the marriage contract to separação total de bens.

It's a good question. Presumably items that you buy together post-wedding are sold and split, and items you buy individually remain as that. Clearly everything before the wedding is also individual. I'd be interested to know for sure though, although I'm not sure what else it could be.

A very interesting question and one that came up in a conversation I had while I was in Brazil last time.

 

Now while my Portuguese isn’t great I got the idea that once you have lived together for two years what were your assets became joint assets, this is what I understood from a Brazilian solicitor, I also thought any agreement signed before a marriage was open to challenge in Brazilian courts.

 

I think if I were you I would get legal advice both in the USA and Brazil, we considered drawing up a contract but after advice I felt it wasn’t worth it if any such contract was able to be challenged later, we have children and I think that makes a very big difference to Brazilian courts who will and rightly so act in a manor that should protect any children.    

Originally posted by Denise Originally posted by London Lad once you have lived together for two years what were your assets became joint assets, this is what I understood from a Brazilian solicitor, I also thought any agreement signed before a marriage was open to challenge in Brazilian courts.   Yes and no. I think only the assets during the 'living together' phase can be disputed, in case of 'total separação de bens'. But if you're really serious about protecting assets, you may consider using a trust fund or setting a company up as asset's owner. Originally posted by London Lad I would get legal advice both in the USA and Brazil, we considered drawing up a contract but after advice I felt it wasn't worth it if any such contract was able to be challenged later, we have children and I think that makes a very big difference to Brazilian courts who will and rightly so act in a manor that should protect any children. Child support is obligatory, whatever contract is signed. The couple's assets, it's a different story...

I'm not sure about the bit in bold, as that isn't the impression we got from the solicitor we spoke to*, but again I would recommend the person gets proper legal advice in the country where any contract is likely to be challenged.

* I say the above as my Brazilian partner already owns property in Brazil and that property could/would become part of our joint assets after 2 years according to the solicitor we spoke to, but there are many other issues, so advice needs to be directed at your personal situation, I know for sure it doesn’t apply in the UK but that is a very different legal system..