Prenuptial Agreement

A prenuptial agreement is a contract entered into by the bride and groom in order to regulate the property relations during their future marriage, whenever they do not wish to accept the subsidiary regime established by law.

They can choose one of the regimes provided for in the Civil Code or stipulate whatever they wish, within the limits of the law (cf. art. 1698 of the Civil Code). 1698 of the Civil Code).

It may contain, among others: marital donations (cf. art. 1754 and 1756 of the Civil Code), the institution of an heir or appointment of a legatee or the reciprocal renunciation of the status of lawful heir of the spouse, if the mandatory or agreed marital property regime is separate property (cf. Art. 1707-A of the Civil Code).

It is executed by means of a public deed (cf. art. 1710 of the Civil Code), before the marriage and expires if the marriage does not take place within one year (cf. art. 1716 of the Civil Code).

It can be freely modified or revoked, but only until the marriage takes place (cf. art. 1712).

The João Maia Rodrigues and Diovana Barbieri Notary Office is ready to assist you in this process.