Mandatory Separation Of Assets May End For Seniors After Supreme Court Allows Choice And Senate Discusses Bill 4/2025 That Revokes Article 1,641 Of The Civil Code

Written by Geovane Souza

Published on 06/10/2025 at 11:52

Updated on 06/10/2025 at 20:10

O Projeto de Lei 4/2025, apresentado pelo presidente do Senado, Rodrigo Pacheco, reúne a proposta de atualização do Código Civil.

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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.

ARTICLE CONTINUES BELOW

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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Mandatory Separation Of Assets May End For Seniors After Supreme Court Allows Choice And Senate Discusses Bill 4/2025 That Revokes Article 1,641 Of The Civil Code

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.

What Is Valid Today: STF Decision and Art. 1.641 in Effect

Impacts for Couples and Civil Registry

Process, Deadlines, and Next Steps

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Mandatory Separation Of Assets May End For Seniors After Supreme Court Allows Choice And Senate Discusses Bill 4/2025 That Revokes Article 1,641 Of The Civil Code

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.

What Is Valid Today: STF Decision and Art. 1.641 in Effect

Impacts for Couples and Civil Registry

Process, Deadlines, and Next Steps

Mother and daughter build a 70 m² house with more than 8,000 discarded glass bottles and impress with their creativity; known as the Casa de Sal, the property is located on Itamaracá Island, in Pernambuco.

Workers were opening a new road connection near the Marginal Tietê when they found, in the underground of the construction site, remnants of locomotives, wagons, and boilers from the 19th century linked to the forgotten history of Lapa.

Instead of burning or burying old tires, an American city is transforming about 2,000 of them into the street itself, paving its first sections with a quieter and more durable rubber asphalt.

China transforms desert-devastated area into the world’s largest artificial forest, planting trees for 60 years, blocking sand that reached Beijing, and creating a “green lung” of 92,000 hectares in a region once considered lost.

Greek island offers free housing for volunteers, but there’s a condition: you need to take care of rescued cats.

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China has deployed snake-shaped robots to slide along power lines, where they have already inspected over 130 kilometers of cables using cameras and sensors to detect damaged wires, worn-out parts, and overheating.

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