Gringoes.com: prenuptial after the fact?????

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Nathalia
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Posted: 13 August 2011 at 20:29

Sure, though I think my point was that a prenup is not just about protecting yourself from your partner but from circumstances greater than them.

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spongebob
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Posted: 20 October 2011 at 18:32

nathalia, sven can chime in if he wants to, but the separação total is pretty lock-tight, from what everyone tells me-- if, in fact, you choose to go that route in the future. The only time it can become a little sticky (very little though) is when one spouse dies and/or one spouse wants to sell "bens". I've had to sign a couple of contracts acknowledging the selling of apartments other 'bens' but it was just one signature each time-- nothing big.

As far as the unpaid taxes go, unless your boyfriend was on the contrato social, he shouldn't have anything to worry about. Just being a member of the family doesn't count for tax purposes.

However, one law that I would like to see passed is parents having to pay debts of adult children still living at home. That would be a good one!

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jayjay
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Posted: 02 December 2011 at 21:54

I'm Brazilian and I've studied a little law... as far as I know, the marriage agreement you have with your wife ("comunhão parcial de bens") means: whatever you build WITH HER after you got married belongs to both of you in terms of PROPERTY (cars, houses, etc). I'm almost sure that if you're bringing money that was ALREADY YOURS before the marriage, than it's yours and yours only. Hope it helped.

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BorisG
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Posted: 17 January 2012 at 14:45

A little law like a little knowledge is a very dangerous thing. If wife disagrees with the previous arrangenment and if there is a kid or two involved.... things can be turned upside down. Little law may not help at all...

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sven
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Posted: 17 January 2012 at 14:57

Originally posted by BorisG

Nah, in this case "little law" is right. However you must prove that the money was already yours.

If you don't want to do that, just take it from the bank before the divorce and stash it in a sock and say you've spent it all on hookers and booze. It was your money right

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spongebob
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Posted: 19 January 2012 at 09:09

Or if you're not a US Citizen, just open up an offshore account and stuff the money there.

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DUNGA
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Posted: 19 January 2012 at 12:54

Just for fun, take a look at what I ran across in the Brazilian Constitution the other day.

Brazilian Constitution, 1988
TITLE II, CHAPTER I, Article 5,
XXXI. succession to the estate of foreigners which is located in Brazil shall be regulated by the Brazilian law in favor of the Brazilian spouse or children, whenever the personal law of the deceased is not more favorable to them;

???

Tales of Brave Ulysses

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spongebob
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Posted: 19 January 2012 at 16:49

Dunga, me thinks there is something wrong with your translation...

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DUNGA
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Posted: 19 January 2012 at 17:55

Fair enough, 'me thinks'. Actually that's from an English translation I was lazily skimming

XXXI - a sucessão de bens de estrangeiros situados no País será regulada pela lei brasileira em benefício do cônjuge ou dos filhos brasileiros, sempre que não lhes seja mais favorável a lei pessoal do "de cujus";

MAYBE

XXXI - The succession of the estates of foreigners, located in Brazil, shall be regulated by Brazilian law in favor of the Brazilian spouse or children, whenever the law [of the country of origin] of the deceased is not more favorable to them;

yeah, I like that better.

Edited by DUNGA - 19 January 2012 at 18:05

Tales of Brave Ulysses

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spongebob
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Posted: 20 January 2012 at 08:30

Much better translation!

I think this is default anyway because international law points to spouses and children as being the benefactors of an estate. I guess it's there to allow for more diplomatic wrangling when assets are located in another country, or if there are other children in other countries.

I like how Brazil looks out for Brazilians. Hmm. Brazilians can't be extradited either, like what happened to this poor British student:
http://www.guardian.co.uk/law/2012/jan/13/tvshack-student-founder-extradition

I think the Brits need to declare their independence from the colony!!

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