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New CNJ Rule Allows Registration of Stable Union and Changing Property Regime Directly at Notary Public, Changing Traditional Process and Increasing Legal Security in Affective and Property Relations.
Stable Union: Notary Publics Now Do Something That Only Judges Could Before and Change Traditional Dynamics
The change of property regime and the very recognition of stable union have gained a standardized administrative path across the country.
With the Provision 141 of the National Justice Corregedoria, which updates Provision 37, it became possible to register the union in the E Book of Civil Registry and, when there is already a registration, change the property regime directly at the notary public, in the cases provided, without the need for legal action.
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The measure increases the publicity of acts, strengthens legal security, and reduces disputes that previously depended solely on the judiciary.
Registration with Effect Against Third Parties
The registration remains optional, but now has legal effects against third parties.
The new wording of § 1 of Article 1 of Provision 37, given by Provision 141, grants opposability to property clauses and essential information recorded in the entry.
In practical terms, data such as the date of the beginning of cohabitation and the property regime leave the strictly private sphere and become verifiable, which provides predictability to relationships with creditors, heirs, and other interested parties.
Titles That Support the Entry
Before registration, there must be a formalized title.
The regulation allows for four types: declaratory sentence of recognition or dissolution; public deed of recognition; public deed of dissolution; and declaratory term drawn up before the Civil Registry itself.
This term can reproduce the same clauses as the other titles, including the choice of property regime, is filed at the office, and authorizes the issuance of a certificate.
If the couple opts for registration, the notary public that drew up the term sends the documentation to the competent office via the Central Information of the Civil Registry (CRC).
Where to Register and How to Keep the Entry Updated
The entry must be made in the E Book of the notary public of the last residence of the partners.
The registrar must note, or receive communication to note, relevant subsequent facts, such as death, marriage, new stable union, or interdiction.
Updates occur via CRC, preserving the integrity of the history.
When there is a court decision setting the period of cohabitation, the entry will reflect those dates.
Outside of these situations, the indication of the beginning and end of the union can only be included through the mechanisms provided, such as electronic certification or an express declaration that coincides with the date of the title.
Legal Limits and Express Prohibitions
The rule defines safeguards.
Married persons cannot register stable union in the E Book, even if separated in fact, unless they are separated judicially or extrajudicially, or when there is a final judgment declaring the union.
All certificates related to the registration must contain a warning that the entry does not produce effects of conversion into marriage.
In the case of dissolution with an unborn child or incapacitated children, the procedure remains exclusively judicial.
Changing the Property Regime at the Notary Public
The main practical innovation is the possibility of changing the property regime without legal action.
Article 9-A allows the processing of the request directly at the Civil Registry, through a joint request from the partners, submitted in person or by public power of attorney.
The annotation must include a protective text for good faith third parties, including creditors with prior claims.
The new regime produces effects from the annotation (ex nunc effects), without retroacting on assets acquired beforehand.
If the option is for universal community, the effects reach the assets existing at the time of the change, preserving the rights of third parties.
Legal Assistance and Hypotheses of Judicialization
There are scenarios that require legal assistance.
If there is a partition proposal or if the required certificates point out specific situations, the partners must be assisted by a lawyer or public defender.
In the case of a positive interdiction certificate, the change must occur in court.
Subsequent wordings, maintained and adjusted by Provision 146/2023, detailed these operational points, indicating when the extrajudicial route is sufficient and when judicial review is imposed.
Documentation Required for Extrajudicial Change
Article 9-B lists the documentation that supports the request.
Civil and tax execution distributor certificates, protest certificates, Labor Justice certificate, and interdiction certificates from the 1st Civil Registry Office are required, all with cut-off from the last five years from the place of residence.
Depending on the case, a partition proposal, a declaration that the partners do not intend to share for now, or a declaration of non-existence of assets is attached.
The idea is to reduce asymmetries of information and protect third parties against unexpected property changes.
Annotation as a Condition of Opposability
For the change of the regime to have erga omnes effectiveness, the change must be annotated in the stable union entry.
The entry must mention the previous regime, the date of the annotation, the procedure number, and, if applicable, the partition.
Without this step, agreed adjustments tend to produce effects only between the parties, weakening the opposability to creditors and other interested parties.
Procedure Between Offices and Costs of the Procedure
The procedure can be initiated at any Civil Registry freely chosen by the couple.
The receiving office will electronically send the documentation to the office competent for the final act, via CRC, maintaining traceability.
Regarding the fees, until there is a specific state or district law, the declaratory term and electronic certification cost 50% of the marriage license fee.
Meanwhile, the processing of the request to change the regime has a cost equivalent to that of the marriage license, a parameter that aims to standardize values until local regulations govern the matter.
Conversion of Stable Union into Marriage
The provision consolidated the regulation of conversion into marriage.
As a rule, the resulting marriage maintains the property regime in effect in the stable union, unless there is a prenuptial agreement to the contrary.
When the partners opt for a new regime in the conversion, an agreement is required, except if the choice is for partial community, in which case a specific declaration from the partners suffices.
The entry must record a warning that any change does not harm good faith third parties.
The extrajudicial conversion is optional and does not exclude the judicial route.
Dissolution Without Prior Registration and Registrar Safeguards
The dissolution can be registered even without prior registration of the union, with reference to the date of the corresponding deed.
If there is prior registration, the dissolution will be annotated in the margin of the act.
If the title does not inform the civil status or references to the original entries, the registrar may require updated certificates — generally issued within 90 days — or consult the archive itself to preserve the informational chain and avoid inconsistencies.
Why Registration Publicity Matters
By entering public registries, the stable union gains predictability.
Third parties can verify the start date, the applicable property regime, and any changes agreed upon during the relationship.
The prevailing technical guidance in the registry field is convergent: to radiate effects against everyone, the change of regime must be annotated in the E Book and communicated via CRC.
This reduces the space for doubts about the scope of agreements and strengthens the coherence between the factual reality of cohabitation and its legal projection.
What other practical questions about registration in the E Book, declaratory term, or changes in the property regime would you like to see clarified based on real cases from everyday notary practices?
Muito bom;vamos desburocratizar este país; tornar as coisas mais ágeis. Gostaria também que a união estável permita a inclusão do sobrenome do esposo no sobrenome da esposa, garantindo a união estável nos documentos.