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Chamber Approves Bill That Ensures Continuity of Divorce Even After Death and Opens Debate on the Future of Family Law
The Bill No. 198/2024, approved by the Chamber of Deputies on October 7, 2025, promises to deeply transform the Brazilian Civil Code. The proposal authorizes the continuation of divorce and dissolution of stable unions even after the death of one of the spouses, ensuring that the wishes expressed in life prevail.
Authored by Congresswoman Laura Carneiro (PSD-RJ), the bill now moves to the Federal Senate and is already considered by experts as one of the largest changes in Family Law in recent decades. Thus, the measure aims to protect heirs and prevent inheritance disputes when the deceased had already started the separation process.
Currently, the death of one of the parties can interrupt the divorce process, leaving family members in a situation of legal uncertainty. Therefore, the new law ends decades of legal controversies and brings clarity and justice to asset division.
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Asset Division: Know What Cannot Be Divided in Case of Divorce
Legal Context and Purpose of the Change
The bill amends provisions of the Civil Code to allow post-mortem divorce to occur legally and be registered.
According to lawyer Tatiana Naumann, a specialist in Family Law and Succession, current jurisprudence requires the deceased to have formally expressed the desire to divorce before death. However, the proposal removes this limitation and allows heirs to continue the process, even if there was no express manifestation.
Congresswoman Laura Carneiro explains that the aim is to preserve the dignity of individual will and ensure legal security for those who had already begun the separation. Additionally, she emphasizes that death should not invalidate the decision of those who chose to end the marriage, as the conjugal bond, in this case, no longer existed in practice.
The author also argues that the text protects victims of abusive relationships, preventing abusers from receiving inheritances or social security benefits from those who tried to distance themselves in life.
Direct Impacts on Asset Division and Inheritances
The approval of the law will cause profound changes in Brazilian succession law. This happens because, once the divorce is recognized after death, the division of assets will be redefined before succession.
In this way, the executor, legal representative of the heirs, may decide to continue the process, completely altering the deceased’s asset configuration.
Lawyer Tatiana Naumann states that the project “puts an end to doctrinal discussions” and brings predictability to judicial decisions. Moreover, the measure reduces family litigation, accelerates inventories, and ensures fairer divisions, respecting the original wishes of the deceased.
Consequently, the proposal also prevents undue benefits from being received by the surviving spouse, especially when the marriage was already in judicial dissolution.
Protection of Autonomy and Heirs
The bill’s rapporteur in the Chamber, Congresswoman Maria Arraes (Solidariedade-PE), argues that the proposal protects the autonomy of will and prevents succession injustices.
According to her, the law “prevents undesirable situations from harming the rights of the deceased and the heirs,” consolidating a historic advance in the legal system. In this way, the congresswoman emphasizes that the text respects the principle of human dignity, ensuring that decisions made in life remain valid after death.
Experts highlight that this change represents a turning point in marital law, as it reaffirms that divorce is a personal right and, therefore, should not be interrupted by death.
Timeline and Legislative Procedure
The bill was presented on February 7, 2024, received a favorable opinion in the Commission on Constitution and Justice (CCJ), and was approved on October 7, 2025.
After the vote, the text was forwarded to the Federal Senate for analysis and possible presidential sanction.
According to records from the Chamber Agency, the proposal received support from the majority of the parties and was classified as an essential measure to modernize the Brazilian civil system.
If approved, Brazil will start recognizing post-mortem divorce, joining countries like France, Portugal, and Canada that already apply the same legal principle.
What Changes in Practice
With the new law, the death of one of the parties will no longer interrupt the separation process. Additionally, the heirs will have decision-making power to proceed with the divorce, bringing more transparency and justice to asset divisions.
The proposal modernizes family law, reinforcing individual autonomy and ensuring that wishes expressed in life prevail.
Therefore, Bill 198/2024 represents an important step toward legal security and equitable succession, bringing stability to families and heirs in sensitive situations.
What Does the Future Hold for Family Law in Brazil?
Experts believe that Bill 198/2024 marks a silent revolution in Brazilian Family Law. The new law establishes that death does not invalidate the desire for separation, recognizing the value of individual autonomy until the end.
However, lawyers and judges emphasize that the success of the implementation will depend on the adaptation of courts and the training of notaries. This will ensure uniformity in decisions and avoid conflicting interpretations in the initial applications of the law.
Still, there is consensus that the project consolidates a new legal framework, making Brazil a reference in respect for individual will and legal modernization.
What do you think about this change? Should the country prioritize the individual desire to divorce or preserve traditional succession rights? Share your opinion!
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