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Proposed Changes to the Civil Code Expand Extrajudicial Acts and Reinforce Asset Sanctions, Affecting Divorces, Donations, and Property Disputes.
The project of the new Civil Code, currently under consideration in the Senate through PL 4/2025, provides for changes to the property rules of marriages and stable unions.
The proposal authorizes the modification of the property regime through a public deed, even after the end of the relationship, and increases penalties in cases of asset concealment.
The text also regulates the annulment of donations made to third parties, including in contexts of infidelity, providing the possibility of contestation for up to two years after the dissolution of the union.
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Modification of Property Regime at the Notary
Currently, the change of the property regime usually depends on a judicial decision to avoid harm to creditors and third parties.
The PL 4/2025 alters this dynamic by providing that spouses and partners can define property matters “before or after” the marriage or the establishment of the stable union, with effects from the public deed.
The text allows the change to occur directly at the notary office, provided the rights of third parties are respected and without retroactive effects.
Thus, property adjustments may be made even after formal separation, as long as there is consensus and no debts that could affect good-faith third parties.
Experts consulted by the Senate state that the mechanism tends to reduce judicial demands involving rectifications of shares.
The requirements for a public deed and the preservation of third-party rights are pointed out by jurists as safeguards against the use of the tool for fraudulent purposes.
In public hearings, researchers like Rosa Maria de Andrade Nery and Professor Flávio Tartuce asserted that the expansion of extrajudicial procedures has already reduced time and costs in states with a high volume of inventories and divorces, such as São Paulo and Minas Gerais.
Increase in Divorces in Brazil
The discussion takes place in the context of an increase in divorces in the country.
Data from IBGE shows that Brazil registered about 440.8 thousand divorces in 2023, approximately 5% above the volume of 2022.
The overall divorce rate stood at around 2.8 per thousand people aged 20 and older.
The majority of dissolutions still go through the judicial route.
However, the use of notaries has increased after legal and regulatory changes, such as Resolution 571/2024 from CNJ.
Notarial entities assert that the expansion of extrajudicial competencies forecasts greater agility in formalizing separations and inventories.
PL 4/2025 follows this line by including provisions that facilitate property adjustments directly at the notary office.
Donations to Lovers and Possibility of Annulment
The project also modifies rules regarding infringing donations and gifts made to third parties when there is harm to family property.
The new Article 549 details the calculation of the excess subject to annulment, considering the nominal value at the time of the donation, corrected up to restitution, including successive donations.
Article 550 is altered to provide that donations made by a married person or in a stable union to a third party with whom they maintain a relationship can be annulled by the spouse, partner, or necessary heirs for up to two years after the dissolution.
These cases often involve the transfer of properties or high-value assets.
Jurists who participated in the discussions state that the proposed wording reinforces protection instruments for family property by delineating, in the Code itself, situations in which donations can be reviewed.
Higher Fines for Asset Concealment
The new Article 1,666-A addresses the concealment of assets during division.
The provision establishes that the spouse or partner who defrauds common property will be responsible for the updated loss and will completely lose the right to the concealed asset.
According to analyses presented in parliamentary hearings, the combination of loss of the share and indemnification can yield significant financial effects in cases involving high-value properties.
In these assessments, the penalty can equal or exceed double the initially concealed amount, considering interest and correction.
Properties at the Center of Disputes
The changes mainly affect conflicts involving properties, which represent a large part of the couples’ assets.
Strategies such as simulated transfers or fictitious donations often arise in litigation under the regime of total property separation, as pointed out by professionals working in family courts.
The PL also includes provisions for compensatory alimony for the spouse who left professional activity for domestic dedication.
Experts consider that the provision relates to academic research on economic inequalities between men and women, especially in long unions.
Although there are no unified official data on differences in property division between genders, studies cited in legislative debates indicate that women may face greater difficulty in property restoration after long unions.
Project Proceedings in the Senate
The PL 4/2025 results from the preliminary project developed by the Commission of Jurists created by the Senate in 2023 and coordinated by Minister Luis Felipe Salomão.
The text was presented by Senator Rodrigo Pacheco (PSD-MG) and is under analysis by the Temporary Commission for the Update of the Civil Code.
In October 2025, the committee approved the work plan of the rapporteur, Senator Veneziano Vital do Rêgo (MDB-PB).
The deadline for submitting the final report is March 11, 2026, with a vote scheduled for July.
After that, the text will go to the Chamber of Deputies.
Representatives of the Brazilian Bar Association (OAB) stated in the hearings that changes related to retroactive annulments and penalties for fraud must come with clear safeguards for good-faith third parties.
Notarial entities believe that the integration of the new rules into the National Real Estate Registration System (SNRI) tends to facilitate the traceability of property transactions.
As the proceedings advance, one question remains central among Family Law practitioners: will the new rules tend to reduce disputes involving properties or will they reshape the dynamics of property disputes after divorce?
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