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| Deed of Declaration of Stable Union |
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It is a declaration whereby a man and a woman declare that they live together in a stable union, living as a married couple with the objective of constituting a family. Normally, the couple will make this declaration with the purpose of including the other spouse in the health plan of the conjoint, or at the time they decide to purchase real estate property with bank financing. There is no specific timing for making the declaration, and this means that the couple can formalize the declaration after months or years of living together, and for this reason, it is important to state the date that they began living together in a stable union. The Declaration will establish when the Stable Union began and it is valid since that declared date, and not since the date of the declaration. In the declaration, the couple may determine the property system they choose for their union, even though it is not a marriage. In other words, it is possible (and advisable) to establish the property system to be either the Separate Property System or the Community Property System. In so doing, the Declaration of Stable Union becomes a legal instrument that will avoid future problems in case of break-up. A Stable Union is not equivalent to marriage since the spouses do not change their Conjugal Status and cannot adopt the family names of the other spouse. To dissolve a Stable union it is simply required that both parties hand-write, on the very document of the Declaration, that: “This Union has been discontinued and neither party owes anything to the other party.” Date and sign, and have both signatures notarized. Each party should keep one copy of the document. An alternate means is to have another declaration prepared by a Notary Public for Revocation of the Declaration of Stable Union. If the disruption is not made by common agreement of both parties, the interested party can have the revocation document prepared by a Notary Public, bringing two people to bear witness. The documents required to issue the deed of Declaration of Stable Union are the ID card and the CPF, both in the original format (copies not accepted), if both parties are unwedded. Parties who were married and are separated or divorced must present proof presenting their Marriage Certificate duly registered stating the separation or divorce. Note: This declaration, in the future, will not serve as a document for entering a request for the conversion of Stable Union into Marriage. We are prepared to assist you in making the Declaration of Stable Union, if you wish. |
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