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Court Decisions Indicate That Photos, Joint Accounts, and Witnesses Are Essential to Validate Stable Union and Ensure the Division of 50% of the Assets.
The stable union is increasingly recognized as a legitimate family form in Brazil. However, in cases of separation, the absence of a formal document can hinder access to basic rights, such as the equitable division of assets acquired during the relationship.
According to lawyer Bruno Kaffler Saviane, judges have demanded concrete evidence such as photographic records, joint accounts, and witnesses to confirm the existence of the union.
Without this judicial recognition, many people risk leaving a long-term relationship without asset protection.
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Asset Division: Know What Cannot Be Divided in Case of Divorce
What Characterizes a Stable Union
The stable union is similar to marriage, but without formal registration. It involves public, continuous, and lasting cohabitation, with the aim of forming a family.
Brazilian law ensures that, under this regime, assets acquired during the relationship should be divided equally, as occurs in partial community of property.
According to Saviane, the problem arises when there is no formal declaration of the union.
“The judge needs objective elements to recognize the stable union and apply the division of 50% of the assets,” explains the lawyer. Therefore, gathering evidence is essential to guarantee rights in case of separation.
What Evidence Do Judges Accept
Among the most commonly used documents to prove a stable union are utility bills, such as electricity, water, and internet at the same address, contracts signed jointly, and records of asset acquisition during the relationship.
Photos from trips, social media posts, and children’s birth certificates also serve as evidence.
Additionally, witnesses play a crucial role. People who socially interact with the couple can confirm the relationship before the Court.
For Saviane, this set of evidence strengthens the process and prevents property injustices.
What Happens Without Evidence
When there is no recognition of the stable union, the division of assets can be contested.
Often, the assets are registered only in one partner’s name, leaving the other in a vulnerable situation. This leads to prolonged disputes and, in some cases, total loss of the right to division.
Saviane warns that a lack of information is still the biggest problem. “Many people believe that just living together is enough, but without evidence, it is difficult to secure rights</strong,” he states.
He recommends that couples keep documents and maintain records of their shared life.
Is It Worth Formalizing?
According to experts, formalizing the stable union at a registry office is the safest way to avoid future conflicts. However, even without this document, it is possible to protect oneself by gathering evidence throughout the relationship.
This precaution ensures that, in case of separation, each partner has access to what is fair: 50% of the assets acquired.
Proving the stable union is not just a bureaucratic issue, but a mechanism of justice and asset protection. Judges are increasingly strict in evaluating the evidence, and negligence can result in irreparable losses.
As lawyer Bruno Kaffler Saviane emphasizes, legal planning is essential to avoid being harmed in a relationship.
And you, do you think it is fair to demand so much evidence to recognize the stable union? Have you gone through a similar situation or know someone who faced this challenge?
Share your opinion in the comments; we want to hear your real experience.
Os Juízes têm que ficar atentos quanto aos **** que apenas namoraram por varios anos sem compromisso, tirararam fotos como namorados e viajaram; nunca pagou uma conta, nao comprou uma telha, nunca apresentou a um amigo, parente e filhos; e quando termina o namoro quer ter direito a 50% que nao participou em nada ; só arruma testemunhas compradas para mentir que foram vistos e apresentados como companheiros e fotos e pasdeios como namorados. Atentos aos **** que querem enganar os Juízes com testemunhas mentirosas, que nunca sao condenadas como esta na lei ( testemunhar e mentir pode ser processada e condenada, e juiz deixa passar em branco)
A serpente entregando a maçã ?
O ideal é os dois trabalharem para proverem juntos e morarem em casa alugada , ninguém merece ser escravo de ninguém.
Cumpri praticamente todas as exigências legais, dentre elas escritura de união estável em cartório com a ex-mulher,anteriormente legalmente casado, e mais prole em comum, testemunha etc, e mesmo assim o instituto municipal de previdência não reconheceu a união estável e nem sequer o judiciário.
Quando o governo vai pagar o ônus, não reconhece nada, quando é escravizar e favorecer estelionatarios matrimoniais, aí fácil fácil aceita como união estável.