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Draft Bill Transformed in PL 4/2025 Proposes to Revoke Art. 1.641 and Consolidate the Freedom of Choice of Property Regime; From 2024, the STF Already Allows the Option for Other Regimes for Those Over 70 Years Old.
The Bill 4/2025, presented by the President of the Senate, Rodrigo Pacheco, gathers the proposal for updating the Civil Code and expressly revokes Art. 1.641, which currently lists cases of mandatory separation of property.
With the revocation, the rule becomes the free choice of property regime for couples in marriage and stable unions, including the possibility of mixed regimes through a prenuptial agreement by public deed. The chapter that addresses the regimes states that spouses or partners can create a non-standard regime, provided that it does not violate mandatory rules.
The PL 4/2025 was filed on January 31, 2025 and is under consideration in the Senate. On September 25, 2025, the matter entered the amendment reception phase in the Temporary Commission, the reporter is Senator Veneziano Vital do Rêgo.
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If the project is approved in both Houses and sanctioned, the law will come into effect 365 days after publication. This deadline is stated in the text of PL 4/2025 itself.
What Is Valid Today: STF Decision and Art. 1.641 in Effect
Since January 31, 2024, the Supreme Federal Court established a thesis of general repercussion (Theme 1.236): those over 70 can waive mandatory separation of property, provided that they express their intention by public deed. The decision applies to marriages and stable unions.
In summary, the STF did not “end” legal separation but made it no longer mandatory for individuals over 70, preserving autonomy and civil capacity. Agencies and entities in the notarial sector explained at the time that the choice must be formalized at the notary’s office, with a prenuptial agreement when necessary.
In practice, the text of the Civil Code still contains Art. 1.641, but its application for those over 70 has been relativized by the STF’s thesis, which guides the entire Judiciary. The PL 4/2025 seeks to align the letter of the law to this understanding and eliminate the legal hypotheses of the imposition of the regime.
Impacts for Couples and Civil Registry
With the revocation of Art. 1.641, older couples and other individuals affected by the current cases of mandatory separation would have widespread freedom to choose the most suitable regime: partial communion, conventional separation, universal communion (except for future restrictions that may be approved) or a mixed regime. Everything formalized by deed and registered as appropriate.
The change tends to reduce litigation over division and inheritance by clarifying the regime from the outset of the relationship. According to experts consulted by sector entities, the standardization in the legal text prevents divergent interpretations following the STF’s decision.
For those planning to marry or formalize a stable union now, the current rule remains in effect with the STF parameter: there is freedom of choice for those over 70 through public deed. The PL is still not a law and may undergo changes during the process.
Process, Deadlines, and Next Steps
The Senate maintains a tracking page for PL 4/2025, with reports, amendments, and the most recent acts. As of October 6, 2025, the status was “Under Consideration”, with the Temporary Commission installed and amendment deadline extended. Only after a report and voting in the Senate will the project move to the House of Representatives.
Once the phase in Congress is completed and the law is sanctioned, there will be a vacatio legis of 365 days. This period allows notaries, legal professionals, and citizens to adjust procedures and contracts. Future property changes must observe the chosen regime and be duly formalized.
Until then, couples wishing to contract another regime can already do so based on the STF thesis, through a public deed. In case of doubt, the guidance is to seek a notary’s office or legal advice to define the most suitable regime and property clause for the family’s profile.
What do you think, should the state impose any age limit on the property regime, or should autonomy prevail always? Leave your comment, the debate helps to improve the law and provide legal certainty to those getting married.
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