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New CNJ Regulation Modernizes the Registration of Stable Union and Allows for the Alteration of Property Regime Directly in the Notary, Expanding Legal Safety, Reducing Disputes and Facilitating Procedures That Could Only Be Done Through Judicial Means.
The recognition of stable union and the organization of the partners’ assets have gained a standardized administrative procedure.
This is because Provision 141 from the National Justice Corregedoria updated Provision 37 and opened the possibility to register the union in the Book E of the Civil Registry and, when there is already a registration, to alter the property regime directly in the notary, without judicial action, in the cases provided.
The same regulatory act governed the declaratory term (recognition and dissolution) and the procedures for the conversion of stable union into marriage.
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Registration in the Book E: Publicity and Effect Against Third Parties
The registration remains optional, but now produces legal effects against third parties, according to § 1 of art. 1 of Provision 37 in the wording given by Provision 141.
As a result, property clauses and essential information leave the private sphere and become enforceable, expanding the legal safety of relations with third parties.
What Titles Serve as Basis for Registration
Before registering, it is necessary to formalize the title.
The provision admits four types: declaratory sentence (recognition or dissolution), public deed of recognition, public deed of dissolution, and declaratory term recorded before the Civil Registry itself.
This term can reproduce the same clauses as the other titles, including the choice of property regime.
It is filed in the office and gives rise to the issuance of a certificate.
If the couple requests the registration, the notary that drew up the term sends everything to the competent office via the Central Registry Information System (CRC).
Where to Register and How to Keep the Record Updated
The record must be entered in the Book E of the notary in the location where the partners have or had their last residence.
The registrar must note — or receive communication to note — relevant supervening facts, such as death, marriage, new stable union, or interdiction, in order to keep the record updated via CRC.
When there is a judicial decision that establishes the period of cohabitation, the record will reflect these dates.
Otherwise, the indication of start and end can only be recorded through the mechanisms provided, such as electronic certification or an express declaration coinciding with the date of the title.
Legal Safeguards and Prohibitions
There are objective limits.
Married people cannot register a stable union in the Book E, even if separated in fact, unless they are judicially or extrajudicially separated or when there is a final sentence declaring the union.
All certificates related to the registration must contain an express warning that the record does not produce the effects of conversion into marriage.
In case of dissolution with a prenatal child or incapable children, the route remains judicial.
Alteration of Property Regime Without Judicial Action
The change of regime is the main practical novelty.
Art. 9-A allows the processing of the request directly in the Civil Registry, through a joint request, submitted in person or by public power of attorney.
The notation must contain text protecting third parties in good faith, including creditors with prior claims.
The new regime produces effects from the notation (effects ex nunc) and does not retroact to assets acquired beforehand.
If the partners opt for universal communion, the effects cover the assets existing at the time of the change, reserving the rights of third parties.
When is Assistance from a Lawyer or Judicial Process Necessary
If there is a proposed partition or if the certificates required come back positive in certain cases, the partners must be assisted by a lawyer or public defender.
In a specific situation — when the certificate of interdictions is positive — the alteration must occur in court.
Subsequent drafts maintained and adjusted by Provision 146/2023 clarified these operational points.
Documentation Required for Extrajudicial Alteration
Art. 9-B lists the documents that support the request:
- Certificates from civil and tax execution distributors
- Certificates of protests
- Certificate from the Labor Court
- Certificate of interdictions from the 1st Office of the Civil Registry
All with cutoff from the last five years from the place of residence.
As applicable, include a partition proposal, declaration of no intention to partition for now or declaration of lack of assets.
Notation: Condition to Be Enforceable Against Third Parties
For the change of regime opposable erga omnes to produce effect outside the circle of cohabitants, the alteration must be noted in the very record of the stable union.
The notation must mention the previous regime, the date, the procedure number, and, if available, the partition.
Without this step, agreed adjustments tend to remain limited to the inter partes scope.
Procedures Between Offices and Costs
The procedure can be initiated at any Civil Registry of the couple’s free choice.
The receiving office will electronically forward it to the competent office for the final act, via CRC.
Regarding fees, as long as there is no specific state or district law, the declaratory term and the electronic certification cost 50% of the marriage habilitation fee.
The processing of the request for alteration of the regime costs equivalent to that of the marriage habilitation.
Conversion of Stable Union Into Marriage
The provision consolidated the regulation of the conversion.
As a rule, the resulting marriage maintains the same property regime in effect during the stable union, unless there is a prenuptial agreement to the contrary.
If a new regime is adopted in the conversion, the agreement is required, except when the choice is for partial communion, in which case a specific declaration from the cohabitants is sufficient.
The record must include an advertisement that any alteration does not harm third parties in good faith.
The extrajudicial conversion is optional and does not exclude the judicial route.
When There Is No Prior Registration and Other Cautions
The dissolution can be registered even without prior registration of the union, stating the date of the deed.
If there is a prior registration, the dissolution will be noted in the margin of the act.
If the title does not inform marital status or references to the original records, the registrar may require updated certificates (up to 90 days) or consult the records before proceeding with the registration, ensuring the integrity of the information chain.
Why Registration Matters
By moving from the private realm into public records, the stable union gains predictability.
Third parties can verify the start date, the applicable property regime, and any changes agreed upon throughout the relationship.
The converging technical guidance in the registration field is clear: to have effects against everyone, the alteration of the regime must be noted in the Book E and communicated via CRC.
What other practical questions about registration, declaratory term, or change of property regime would you like to see answered in the comments?
Posso mudar o regime do meu casamento sem precisar de uma ação judicial? Posso mudar direto no cartório?
Eu sou divorciada e meu ex já tinha outra aconte que os dois faleceu e tenho 3 filhos com o ex e a outra 2 ele deixou uma casa como resolver isto
Mais dinheiro para a casta dos cartórios e mais advogados desempregados. No Brasil os cartórios, além de terem lucros milionários, estão tornando os advogados em uma classe em extinção. Fazer uma faculdade de direito é sinônimo de desemprego e o sonho de passar em concurso onde uma vaga é disputada por milhões de bacharéis. Só quem na área jurídica é cartório e as faculdades que alimentam sonhos. Cadê a OAB não faz nada para proteger o mercado da advocacia que está saturado e ainda por cima sendo engolido por cartórios. Ah sim até às lam houses estão substituindo advogados, nelas se faz todo tipo de contrato ou acordo. Advocacia é profissão em extinção. Não aconselho a fazerem te
Os honorários advocatícios são altos. Se os valores fossem menores, apoiaria teu comentário.