‎Lawyer for Prenuptial Agreements in Brazil

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When couples intend to have children, it is possible to establish, in addition to the property regime, a pension for those who will interrupt their careers to take care of the child and the home, a fixed-term pension. Or, still, an indemnity in case the marriage bond is broken or the stable union is dissolved. Education and health costs can also be detailed and combined. In addressing these points, the pact ends up protecting the children's assets, guaranteeing their inheritance, in the event of death or separation. In the case of a second marriage, the arrangement is even more important, as often one of the spouses has children from a previous relationship and assets that have already been shared or that cannot enter the new regime to be adopted.

From time to time, alleged details about the pre-nuptial agreements established by celebrities appear in the press. According to gossip from the entertainment industry, actress Catherine Zeta-Jones, for example, is entitled to receive $ 2.8 million each year alongside her husband, actor Michael Douglas, and a $ 5 million bonus if she catch him by jumping over the fence.

In real life, the much more modest figures of "normal" people should not be an obstacle for couples at the altar to also invest in this type of pact that, contrary to what many people suppose, is not only indicated for the rich and famous.

Planning a wedding should go far beyond thinking about church flowers, salon decorations or honeymoons. It is an agreement and, as such, it should involve practical issues such as finances. Hardly anyone gets married thinking about the day of the divorce, obviously, but money shouldn't be a taboo between the couple, because if things ever go wrong, it is in the pocket that the tragedy begins. Therefore, we have listed some reasons why everyone should at least reflect on the importance of a prenuptial agreement:

It is useful for anyone who is thinking of getting married.

Before exchanging alliances or signing papers, each and every couple should anticipate future issues. However great and intense the love between the two is, there is no guarantee that the relationship will be eternal. However, the prenuptial agreement can guarantee that, if the bond is dissolved, neither of them will have financial losses. After all, a marriage is also a contract and needs to be seen as such. Lawyers usually suggest this agreement for the couple who intend to opt for a different regime than that of the partial communion of goods. In the document, the assets that the two had before the marriage are listed. However, there is no restriction on adopting mixed regimes, such as, for example, the universal communion of goods and removing certain properties from that regime. It may also include clauses about who will pay a certain expense, fines in case of treason, liability for any debts and even the definition of who will keep the pets if there is a divorce.

The agreement puts order in the house

There are couples who even determine practical issues, such as the division of household chores and the prohibition of spreading dirty clothes or smoking inside the home, sweet home. Only clauses that directly violate articles of the law and / or that violate fundamental rights and guarantees provided for in the Federal Constitution are not accepted. Examples: removing the family power from the mother or father, prohibiting divorce, waiving the right of children to alimony, etc. None of this is possible.

Inelegant and unromantic? Nothing, it's a proof of love!

At first, the prenuptial agreement can have the effect of a bucket of icy water on the most sentimental hearts. Of course, there is no romanticism in imagining the end of a relationship when all you want, at the moment of union, is that it will last forever. However, believing that feelings - and people - do not change over time is wanting to see the world through pink lenses. In fact, the deal should be seen as a token of love, according to experts, as the two are working together to ensure a better life for both of them. The elaboration of a prenuptial contract is a demonstration of the couple's maturity, who is able to calmly decide on the planning of their future. Establishing socioeconomic limits and clear, fair and safe rules guarantees a healthy relationship and in no way affects the couple's routine.

It saves possible future shacks.

Whoever faced a romantic breakup knows that, in the hour of pain, there is no rationality or lucidity capable of preventing attitudes driven by anger or resentment. The most petty and vindictive side of those involved may come to the fore, resulting in Homeric fights for reasons ranging from the sharing of real estate to the possession of junk that apparently is of no importance. Everything can become a bargaining chip for the ex-couple - and the barbs and accusations exchanged spill out in all directions, hurting those around them. The prenuptial pact eliminates all this confusion. No one is taken by surprise, nor does emotion dominate any negotiation. Thus, the prenuptial agreement is nothing more than a simple document that will make life easier for two and avoid future headaches. These agreements are of even greater importance if one of the two has a company, as it serves to protect both current and future interests. If the company has a financial risk activity, the spouse can establish the property regime to protect the other, for example.

It is a measure of ensuring the heritage and well-being of children

When couples intend to have children, it is possible to establish, in addition to the property regime, a pension for those who will interrupt their careers to take care of the child and the home, a fixed-term pension. Or, still, an indemnity in case the marriage bond is broken or the stable union is dissolved. Education and health costs can also be detailed and combined. In addressing these points, the pact ends up protecting the children's assets, guaranteeing their inheritance, in the event of death or separation. In the case of a second marriage, the arrangement is even more important, as often one of the spouses has children from a previous relationship and assets that have already been shared or that cannot enter the new regime to be adopted.

ALESSANDRO ALVES JACOB

Mr. Alessandro Jacob speaking about Brazilian Law on "International Bar Association" conference

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