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| Getting Married | |
 Gringoes.com : Brazil : Getting Married |
 Topic: prenuptial after the fact????? |
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John Vuckovich
Newbie 
Joined: 05 April 2007 Location: United States Online Status: Offline Posts: 7 |
   Posted: 07 April 2007 at 16:42 |
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So, if the gringo asks for "Separacao total de bens", will she be upset? From a Brazilian female perspective? ....and if the gringo buys the apartment (together w/her) in Brazil, but the gringo is the one buying (he pays) the apartment. That stated, if the marriage does not work out, who gets the apartment in case of divorce?
Edited by John Vuckovich |
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Jose C Santiago
Senior Member 
Joined: 23 January 2006 Location: Brazil Online Status: Offline Posts: 512 |
Posted: 09 April 2007 at 13:47 |
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Whoever paid for and registered the deed in the Real Estate Registry.
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Gringa SSZ
Senior Member
Joined: 26 February 2007 Location: Brazil Online Status: Offline Posts: 527 |
Posted: 09 April 2007 at 19:20 |
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This is begining to sound like a PAUL MCCARTNEY, HEATHER MILLS thing
 sorry couldnt resist....
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"Never argue with an idiot; they'll drag you down to their level and beat you with experience." ~ anonymous
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Patricia
Groupie 
Joined: 17 May 2007 Location: Brazil Online Status: Offline Posts: 53 |
Posted: 04 June 2007 at 22:41 |
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OK... let's be practical. If your intention was to separate your assets, the wise thing to do is to go to a "Cartório" together and request a change in your "Regime de Bens", which is perfectly legal and allowed, according to the current Civil Code in Brazil. Your current status with the "Regime de Separação Parcial de Bens", should you divorce, means that each of you will keep whatever was yours prior to the marriage, and will split whatever you acquired during the marriage. It's not quite as simple as that, and there are some ins and outs to this, but I won't bore you with a ton of details. This is the basic idea.
By changing to a "Regime de Separação Absoluta de Bens", any and all assets will be kept separate and, should you divorce, each of you will keep your own assets.
Best advice - talk to a lawyer before deciding what the best option for you both. This is just some very basic information, and there's a lot more to it.
Hope that helps... feel free to get in touch if you have any questions. |
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Romulo
Newbie
Joined: 30 July 2007 Location: Brazil Online Status: Offline Posts: 7 |
Posted: 30 July 2007 at 23:23 |
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I may be wrong but isnt the way you register the marriage at the cartorio binding? Is it even possible to go back and change it after the fact? I believe the only way around this is as someone else posted an thats setting up trusts or dummy corps.
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Galinhas caipiras sao mais gostoso
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Patricia
Groupie
Joined: 17 May 2007 Location: Brazil Online Status: Offline Posts: 53 |
Posted: 31 July 2007 at 23:09 |
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No... this was changed by the 2002 Civil Code. Now, a couple may change their "regime de bens" during the marriage, provided they justify the request to do so.
Article 1639, paragraph 2 of the Civil Code says (rough translation):
"The alteration of the assets regime is admissible, through judicial authorization and by motivated request of both parties, upon verification of the alleged motives and respecting the rights of third parties".
Again though... consult a prcaticing lawyer about any changes, as there are many details in this, and the rules for what happens when you divorce differ from those for when one of you passes away... and knowing all of this beforehand is important. Edited by Patricia - 31 July 2007 at 23:17 |
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Gerry
Groupie
Joined: 02 November 2006 Location: United States Online Status: Offline Posts: 95 |
Posted: 21 August 2007 at 15:40 |
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When we got married in Brazil, my wife told me that it the under the law that says, "What's her's is her's and what's mine is her's."
Guess I goofed.
 Hiya gang! Just got back from a business trip to Argentina (BA) and then Sao Paulo last week.
Man, compare to Phoenix AZ (44C) today, the weather was beautiful.
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Cheers,
Gerry PHX AZ USA |
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Simonjs
Senior Member
Joined: 16 August 2007 Location: United Kingdom Online Status: Offline Posts: 239 |
Posted: 21 August 2007 at 16:28 |
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grrrrrr crappy english weather, summer was a wednesday this year :( |
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Gerry
Groupie
Joined: 02 November 2006 Location: United States Online Status: Offline Posts: 95 |
Posted: 21 August 2007 at 17:53 |
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We'll be in London in less than two weeks - pls. see what you can do about the weather between now and then.
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Cheers,
Gerry PHX AZ USA |
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Simonjs
Senior Member
Joined: 16 August 2007 Location: United Kingdom Online Status: Offline Posts: 239 |
Posted: 21 August 2007 at 21:08 |
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I'm in north london, not sure what the weather report is but seeing as we've had consistently bad weather for so long now maybe you'll get lucky. the weather has to change eventually doesn't it? someone? anyone? Oh well plenty of inside stuff to see otherwise :) no hurricanes here either......yet
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