Family
Stable unions and same-sex marriage recognised by the courts
The Código Civil regulates marriage, and the Constitution recognises the união estável, a stable non-marital union with substantially similar effects that arises from the facts of cohabitation rather than a ceremony. The Supremo Tribunal Federal recognised same-sex unions in 2011 and the Conselho Nacional de Justiça required registries to celebrate same-sex marriages from 2013. Consensual divorce may be done by notarial deed.
Key rules
- Jurisdiction — Federal substantive law applied by state family courts
- Deadline — Divorce: no waiting period since the 2010 constitutional amendment
- Deadline — Consensual divorce with no minor children may be completed by notarial deed
Governing law
- Código Civil (Lei 10.406/2002), Book IV
- Constituição Federal (art. 226)
- Lei 11.441/2007administrative divorce
In practice
Constitutional Amendment 66/2010 removed the prior separation requirement, so divorce is now available immediately and without grounds. The união estável matters greatly in practice because it can be established retrospectively by evidence of a public, continuous and lasting relationship, generating property and succession rights without any registration having taken place.