Stable Union in Brazil (União Estável): What It Is, How It Is Formalized, and How It Compares to Marriage
Published November 10, 2026. Also available in Spanish.
In short. A stable union in Brazil — união estável, in the Civil Code's words — is the family that two people form through a public, continuous and lasting relationship (convivência) aimed at forming a family, without marrying. The Constitution recognizes it as a family entity (article 226, § 3), and the Civil Code defines it in articles 1,723 to 1,727. It is often called common-law marriage in English, and the comparison helps only up to a point: the stable union exists from the facts, not from a ceremony, and no amount of time turns it into marriage.
This article explains what the stable union is, what formalizing it does and does not prove, and how it compares with marriage, from the official texts as I read them on November 10, 2026. I am Luiz Barros, a Brazilian lawyer (OAB/AL 7.530). Three questions have their own articles in this blog and get one line each here: residence in Brazil for a foreign partner, in marrying a Brazilian: residency and citizenship; the property regime and the contract that changes it, in prenuptial agreements in Brazil for foreigners; and the end of a union, in divorce in Brazil.
A stable union in Brazil, in one answer
A stable union (união estável) in Brazil is a family entity formed by two people in a public, continuous and lasting relationship established with the aim of forming a family (Constitution, article 226, § 3; Civil Code, article 1,723). The Code sets no minimum period for the relationship, and the National Justice Council's rules for registries provide for its registration for couples of the same sex or of different sexes (Provision 149/2023, article 537).
It exists without any paper, but it is documented by one: a court decision, a public deed at a notary, or a declaratory term signed before a civil registry officer, which can then be registered in Book E of the civil registry (Provision 149/2023, articles 537 and 538; Law 6,015/1973, article 94-A). Registration is optional and gives the union effects against third parties; a person who is still married, even if separated in fact, cannot register a union in Book E unless separated in court or by deed, or unless a final court decision declares the union (article 94-A, § 1).
A stable union is not marriage: the certificate of its registration must warn that it does not have the effects of conversion into marriage (Provision 149/2023, article 546), and becoming married requires converting it (Civil Code, article 1,726; Law 6,015/1973, article 70-A). The two are treated alike in several effects; in inheritance, the Supreme Federal Court's Theme 809 applies the spouse's regime to the partner. This article makes no promise about the outcome of any registration, conversion or application.
What the Civil Code calls a stable union
The definition is one sentence long, and every word in it does work:
Art. 1.723. É reconhecida como entidade familiar a união estável entre o homem e a mulher, configurada na convivência pública, contínua e duradoura e estabelecida com o objetivo de constituição de família.
In English (my translation): the stable union between a man and a woman is recognized as a family entity, characterized by a public, continuous and lasting life together established with the aim of forming a family (Civil Code, article 1,723). The Constitution says the same of the union between a man and a woman and adds that the law should make its conversion into marriage easier (article 226, § 3). The text of both speaks of a man and a woman; the National Justice Council's consolidated rules for notaries and registries, Provision 149/2023, apply the registration of the union to couples entre o homem e a mulher, ou entre duas pessoas do mesmo sexo — between a man and a woman, or between two people of the same sex (article 537).
The definition asks four things: a relationship that is public, continuous, lasting, and aimed at forming a family. What it does not ask matters as much. It sets no minimum period: neither article 1,723 nor the other articles of the Code's title on the stable union (1,723 to 1,727) mention a number of months or years. A minimum period that a given office asks for is that office's requirement, read on the day. On living under the same roof, the Supreme Federal Court's Súmula 382, approved in 1964 under the 1916 Civil Code, says: A vida em comum sob o mesmo teto, more uxorio, não é indispensável à caracterização do concubinato — life together under the same roof, more uxorio (as a couple), is not indispensable to characterize concubinage, a word the current Code uses for something else (article 1,727).
The Code draws two limits. A stable union cannot be formed where marriage would be barred by the impediments of article 1,521 — among them, between ascendants and descendants, between siblings and other collateral relatives up to the third degree, or with a person who is married — except that the bar on a married person does not apply if that person is separated in fact or in court (article 1,723, § 1). And a non-occasional relationship between people who are barred from marrying is not a stable union but concubinato — concubinage (article 1,727). The partners owe each other loyalty, respect and assistance, and owe their children custody, support and education (article 1,724).
Is there common-law marriage in Brazil? Not quite — and not a civil union either
English speakers reach for three words: common-law marriage, civil union, domestic partnership. None of them is a category of the Brazilian Civil Code, which knows, between two partners, marriage and the stable union. The stable union is closest to common-law marriage in one sense — it arises from how the couple lives, without a ceremony — and differs in what it produces: a stable union is not a marriage and does not become one, however long it lasts.
Three texts make the difference concrete. The Civil Code says the union may be converted into marriage, on the partners' request to a judge and an entry in the Civil Registry (article 1,726). Since 2022 the Registry Law provides that the conversion is requested from the civil registry officer of the partners' residence, follows the same procedure as the qualification for marriage, and is entered without a wedding ceremony and without a court order (Law 6,015/1973, article 70-A, §§ 1 and 3); a partner who signs through an attorney needs a public power of attorney valid for at most thirty days (§ 2). The registry route is optional, and the court route remains available (Provision 149/2023, article 551). And every certificate of a registered stable union carries an express warning that the registration does not produce the effects of conversion into marriage (article 546).
Formalizing a stable union: the union exists without paper; the paper is the proof
Nothing in article 1,723 requires a document for the union to exist. The document matters because, without it, every bank, insurer, court or heir that needs to know whether the union exists has to be convinced from scattered evidence. The rules for registries list the instruments that can be registered (Provision 149/2023, article 537, § 3):
- A court decision declaring the union, or its dissolution.
- A public deed declaring the union, drawn up by a notary (tabelião) — a common instrument in practice.
- A declaratory term signed by both partners before the civil registry officer of their free choice, which may include the choice of property regime (article 538).
Any of these may then be registered in Book E (Livro E) of the civil registry of the place where they live or last lived — the declaratory term at the joint request of the partners (Law 6,015/1973, article 94-A; Provision 149/2023, articles 538, § 3, and 539). Registration is optional — É facultativo o registro da união estável (article 537) — and what it adds is publicity: the registration confere efeitos jurídicos à união estável perante terceiros — gives the union legal effects against third parties (§ 1). A deed in a drawer is evidence of the union between the partners; the registration is what makes it visible to everyone else.
Two details of the registration surprise couples who formalize the union years after it began. First, dates. The registration shows the start date of the union only if it comes from a court decision, from the civil registry's electronic certification procedure, or from a deed or term in which the partners declare that the union starts on the date of the instrument itself (article 537, § 4); otherwise the start date reads não informado — not stated (§ 5). The electronic certification is the optional procedure in which the registry officer hears the partners and, if there are any, the witnesses, and decides the request with reasons (article 553).
Second, a prior marriage. The Code allows a stable union with a person who is married but separated in fact (article 1,723, § 1), but the Registry Law does not allow that union to be registered in Book E unless the married partner is separated in court or by deed, or the union is declared by a final court decision (Law 6,015/1973, article 94-A, § 1; Provision 149/2023, article 545). For a foreign partner whose marriage abroad was never formally ended, this is often the first obstacle, and it is solved on the side of the earlier marriage, not on the side of the union.
Formalizing is also possible outside Brazil in some cases. The page of the Brazilian consulate in Tokyo, published February 1, 2024, says: The Consulate can draw up this public deed for Brazilian nationals and foreigners holding permanent visas in Brazil, whether they are heterosexual or homosexual. That is the rule of that post, read on its page; each consulate states its own services.
Stable union requirements and documents when one partner is a foreigner: what each paper proves
The registry and the notary will give their own list on the day. What the list is for can be read in the Registry Law, which says what the registration entry must contain: the date of registration; each partner's name, civil status, date of birth, profession, CPF (the Brazilian taxpayer number) and residence; the names of their parents; where their births, earlier marriages and earlier stable unions were registered and, where applicable, the deaths of earlier spouses or partners; the date of the deed or the court decision; the property regime; and the name the partners take on (Law 6,015/1973, article 94-A, I to VIII). Each document in the file answers one of those lines:
- Identity and nationality — for a foreigner, the passport, and, if living in Brazil, the migration card. It proves who is declaring.
- CPF — the entry must show it. A foreign partner without one should obtain it before the appointment.
- Birth certificate and civil status — it proves that neither partner is barred from the union and, above all, that neither is still married. Where the title does not state the civil status and the earlier entries, the registry must obtain them, and may ask for certificates issued within the last ninety days (Provision 149/2023, article 541).
- Proof that an earlier marriage ended — a divorce decree, or a death certificate. A divorce granted abroad may need recognition in Brazil before it counts here; that is treated in the divorce article.
- Evidence of the dates, if the couple wants the start date in the registration (see above).
Stable union vs marriage in Brazil: what is the same and what is not
| Point | Stable union | Marriage |
|---|---|---|
| How it begins | From the facts of the relationship; no ceremony, no minimum period | Qualification at the civil registry and celebration |
| How it is documented | Court decision, public deed or declaratory term; registration in Book E is optional | The marriage certificate |
| Property | Partial community unless the partners sign a written contract (article 1,725) — see the prenuptial article | Partial community unless a prenuptial deed chooses another regime |
| Inheritance | The same order of succession as the spouse (Theme 809) | Article 1,829 of the Civil Code |
| Support | Partners may claim support from each other (article 1,694) | Spouses may claim support from each other (article 1,694) |
| Residence for a foreign partner | Family reunion is open to the companheiro — the partner (Law 13,445/2017, article 37, I) | The same ground, for the spouse |
| Becoming the other | Conversion into marriage (article 1,726; Law 6,015, article 70-A) | — |
| How it ends | By agreement, by public deed or by a term before the registry, with a lawyer or public defender — where there is an unborn child or a child who lacks legal capacity, such as a minor, only after a court has settled custody, visitation and support (Provision 149/2023, article 537, §§ 3 and 6); otherwise in court — see the divorce article | Divorce |
The inheritance row is where the printed Code misleads, because it still prints article 1,790, which gave the partner a smaller share than the spouse. The Supreme Federal Court held that rule unconstitutional in RE 878,694 and fixed the thesis of Theme 809: É inconstitucional a distinção de regimes sucessórios entre cônjuges e companheiros prevista no art. 1.790 do CC/2002, devendo ser aplicado, tanto nas hipóteses de casamento quanto nas de união estável, o regime do art. 1.829 do CC/2002 — the distinction between the succession regimes of spouses and partners in article 1,790 is unconstitutional, and the regime of article 1,829 applies both to marriage and to the stable union. What remains different is proof: a surviving partner without a deed or registration may first have to prove that the union existed.
On residence, the Migration Law gives the family reunion ground to the cônjuge ou companheiro, sem discriminação alguma — spouse or partner, without any discrimination (article 37, I), and reduces the residence period for naturalization to at least one year for a person with a Brazilian spouse or partner from whom they are not separated, legally or in fact, when naturalization is granted (article 66, III). How the union is proved for those purposes is a different list, set by the immigration rules, and is in the article on marrying a Brazilian; the other relatives are in Brazil family reunion visa.
A union formed abroad, and a Brazilian union taken abroad
A couple who registered a partnership in another country, or who lived together there, often asks whether that document can be registered in Brazil as a stable union. The Registry Law opens the door only partly. A foreign court decision, extrajudicial term, private document or public deed declaring a stable union, made abroad, in which at least one partner is Brazilian, may be registered in Book E of the civil registry of the last residence in Brazil of either partner (Law 6,015/1973, article 94-A, § 2), once legalized or apostilled and accompanied by a sworn translation (§ 3). The rules for registries then narrow it:
§ 1.º Na hipótese do inciso III deste artigo, somente será admitido o registro de título estrangeiro, se este expressamente referir-se à união estável regida pela legislação brasileira ou se houver sentença de juízo brasileiro reconhecendo a equivalência do instituto estrangeiro.
In English (my translation): a foreign title is admitted for registration only if it expressly refers to the stable union governed by Brazilian law, or if a Brazilian court has recognized the equivalence of the foreign institution (Provision 149/2023, article 539, § 1). Where the foreign title cannot be registered, the partners may register a Brazilian title, which may record the transnational history of their life together (§ 2); and a foreign court decision still needs the prior recognition the law requires (§ 3). So a foreign partnership certificate is evidence of a life together, but it does not become a Brazilian stable union registration by itself; the usual path is a new Brazilian deed or term that tells the whole story.
The opposite question — whether a Brazilian stable union is recognized in the United States, the United Kingdom or elsewhere, for immigration, tax or inheritance — is answered by the law of that country, not by Brazilian law. What Brazil can give is a clear document — a deed or term, ideally registered and with dates — apostilled for use abroad.
What circulates in English, against the text
- «You need two (or five) years of living together.» The Civil Code's definition and the articles that follow it set no minimum period (articles 1,723 to 1,727).
- «After a few years, a stable union becomes a marriage.» It does not: it is converted only on request (article 1,726; Law 6,015/1973, article 70-A), and the registration certificate says it does not have the effects of conversion (Provision 149/2023, article 546).
- «A domestic partnership registered abroad already counts as a Brazilian stable union.» Its registration is not automatic: a foreign title enters Book E only if at least one partner is Brazilian and the title expressly refers to the stable union governed by Brazilian law, or a Brazilian court has recognized the equivalence of the foreign institution (Law 6,015/1973, article 94-A, § 2; Provision 149/2023, article 539, § 1). Otherwise it is evidence, and the usual path is a Brazilian deed or term.
- «A stable union must be registered to exist.» Registration is optional; it gives effects against third parties (Provision 149/2023, article 537).
- «A stable union gives you citizenship after one year.» The Migration Law reduces the residence period for naturalization to at least one year for a person with a Brazilian partner who is not separated from that partner (article 66, III); the union is not itself a path to citizenship, and the rest is in the marrying article.
How I handle a stable union for a foreign client
I start with what the document is for — a bank, a residence application, a property purchase, an estate plan — because that decides whether a deed is enough or the registration and the start date matter. Then the civil status of each partner, especially an earlier marriage abroad, which may have to be ended or recognized in Brazil before anything else. Then the instrument, the property regime with the partners' eyes open, and the registration; and, if the couple lives abroad, which consulate or which document will be used where. Written communication with the firm is in English; meetings are conducted with an interpreter at no cost to the client. Nothing in this article promises or suggests a result.
The three facts that organize a stable union in Brazil
- A stable union is a family formed by a public, continuous and lasting relationship aimed at forming a family; it has no minimum period, and its registration is open to couples of the same or different sexes. Constitution, article 226, § 3; Civil Code, article 1,723; Provision 149/2023, article 537.
- It exists without paper; it is documented by a court decision, a public deed or a declaratory term; registration in Book E is optional, gives effects against third parties, and is barred for a partner still married unless separated in court or by deed or the union is declared by a final court decision. Law 6,015/1973, article 94-A; Provision 149/2023, articles 537 to 539 and 545.
- It is not marriage and does not become marriage by time; it is converted on request, and in inheritance the partner follows the spouse's regime. Civil Code, article 1,726; Law 6,015/1973, article 70-A; Provision 149/2023, article 546; Supreme Federal Court, Theme 809.
Carvalho Barros Advocacia Internacional assists foreign partners of Brazilians and foreign couples living in Brazil with stable union deeds, registrations and conversions, through its international family law practice.
Frequently asked questions
What is a stable union in Brazil?
A stable union (união estável) is the family formed by two people in a public, continuous and lasting relationship established with the aim of forming a family, without marriage (Civil Code, article 1,723). The Constitution recognizes it as a family entity (article 226, § 3). It exists from the facts of the relationship; a public deed, a declaratory term at the civil registry or a court decision documents it, and registration in Book E of the civil registry is optional (Provision 149/2023, articles 537 and 538).
Is there common-law marriage in Brazil?
Not under that name. The Civil Code knows, between two partners, marriage and the stable union; “common-law marriage”, “civil union” and “domestic partnership” are not categories of the Code. The stable union resembles common-law marriage in that it arises without a ceremony, but it is not a marriage and does not turn into one with time: it is converted only on the partners' request (Civil Code, article 1,726; Law 6,015/1973, article 70-A), and the certificate of its registration must warn that it does not have the effects of conversion into marriage (Provision 149/2023, article 546).
How long do you have to live together for a stable union in Brazil?
The Civil Code sets no minimum period. Article 1,723 asks for a public, continuous and lasting relationship established with the aim of forming a family, and neither it nor the other articles on the stable union (1,723 to 1,727) mention a number of months or years. A minimum period asked for by a particular office is that office's own requirement. On living under the same roof, the Supreme Federal Court's Súmula 382 (1964, under the 1916 Civil Code) says that life together under the same roof, more uxorio (as a couple), is not indispensable to characterize concubinage, a word the current Code uses for something else (article 1,727).
What are the requirements and documents to formalize a stable union in Brazil as a foreigner?
Both partners declare the union before a notary (public deed) or a civil registry officer (declaratory term). For the registration in Book E, the entry must show each partner's name, civil status, date of birth, profession, CPF and residence, the parents' names, where births and earlier marriages or unions were registered, and the property regime (Law 6,015/1973, article 94-A). That is why the file usually carries the passport, the CPF, a recent birth certificate and proof that any earlier marriage ended. A person still married, even if separated in fact, cannot register the union unless separated in court or by deed or the union is declared by a final court decision (article 94-A, § 1). Each notary and registry gives its own list on the day.
Is a stable union the same as marriage in Brazil?
No. They share several effects: the default property regime of partial community unless the partners sign a written contract (Civil Code, article 1,725), the right to claim support (article 1,694) and, since the Supreme Federal Court's Theme 809, the same order of succession of article 1,829. They differ in how they begin and are documented: the union arises from the facts and is documented by a deed, a term or a court decision; marriage is celebrated and proved by its certificate. A registered union does not have the effects of conversion into marriage (Provision 149/2023, article 546).
Can a stable union be converted into marriage in Brazil?
Yes. The Constitution says the law should make the conversion easier (article 226, § 3). The partners request it from the civil registry officer of their residence, the procedure follows the qualification for marriage, and the conversion is entered without a wedding ceremony and without a court order (Law 6,015/1973, article 70-A, §§ 1 and 3); the court route remains available (Provision 149/2023, article 551). A partner represented by an attorney needs a public power of attorney valid for at most thirty days (article 70-A, § 2).
Does a stable union give a foreign partner residency in Brazil?
It is a ground to apply. The Migration Law grants the visa or residence permit for family reunion to the spouse or partner, without any discrimination (Law 13,445/2017, article 37, I), and reduces to at least one year the residence required for naturalization of a person with a Brazilian spouse or partner from whom they are not separated, legally or in fact, when naturalization is granted (article 66, III). How the union is proved for immigration is set by the immigration rules and explained in the article on marrying a Brazilian. This answer makes no promise about any application.
Can a Brazilian marry a US citizen?
Yes. Nationality is not among the impediments to marriage listed in the Civil Code (article 1,521). What the registry asks of the foreign party, and what the marriage does and does not do for residency and citizenship, is in marrying a Brazilian: residency, citizenship and the rules. A stable union is the alternative when the couple does not marry.
Can same-sex couples have a stable union, or marry, in Brazil?
Yes. The National Justice Council's consolidated rules provide for the registration of the stable union between a man and a woman or between two people of the same sex (Provision 149/2023, article 537), and require that a refusal of qualification, of civil marriage or of conversion of a stable union into marriage between people of the same sex be reported to the supervising judge, under Resolution 175/2013 (article 554).
Does a stable union partner inherit in Brazil?
Yes, under the same rule as a spouse. The Supreme Federal Court held article 1,790 of the Civil Code unconstitutional and fixed the thesis of Theme 809 (RE 878,694): the distinction between the succession regimes of spouses and partners is unconstitutional, and the regime of article 1,829 applies to both marriage and stable union. In practice, a surviving partner without a deed or registration may first have to prove that the union existed.
Is a foreign domestic partnership recognized as a stable union in Brazil?
Its registration is not automatic. Whether a stable union exists is judged by the facts (Civil Code, article 1,723), but a foreign instrument enters the Brazilian registry only in certain cases. A foreign instrument declaring a stable union in which at least one partner is Brazilian may be registered in Book E, once legalized or apostilled and translated by a sworn translator (Law 6,015/1973, article 94-A, §§ 2 and 3), but only if it expressly refers to the stable union governed by Brazilian law or a Brazilian court has recognized the equivalence of the foreign institution (Provision 149/2023, article 539, § 1). Otherwise the partners may register a Brazilian deed or term that records their life together abroad (§ 2). Whether a Brazilian stable union is recognized in another country depends on that country's law.
Legal note. This article is informational, does not replace individual legal advice and promises no result (Brazilian Bar Provision OAB No. 205/2021). The texts it relies on were read on November 10, 2026 in their official sources: the Federal Constitution (article 226, § 3) and the Civil Code, Law No. 10,406/2002, compiled text (articles 1,521, 1,640, 1,694, 1,723 to 1,727, 1,790 and 1,829), on the federal legislation portal; the Public Registries Law, Law No. 6,015/1973, compiled text (articles 70-A and 94-A, as included by Law No. 14,382/2022); the National Justice Council's Provision No. 149/2023, the Código Nacional de Normas, in the text published on the Council's site (articles 537 to 554); the Supreme Federal Court's page for Theme 809 (RE 878,694) and its compilation of Súmulas (updated December 1, 2017; Súmula 382); the Migration Law, Law No. 13,445/2017 (articles 37 and 66); and the stable union page of the Brazilian consulate in Tokyo (published February 1, 2024). Passages in Portuguese are reproduced from the official texts; the English beside them is the author's working translation, and the Portuguese is the only authentic version. The passage in English from the consulate page is quoted as published. Stated limits. (i) Notary and registry requirements, fees and lists vary by office and are not stated as rules. (ii) Consular services are each post's own and are attributed only to the post that published them. (iii) How the union is proved for immigration, the property regime and the end of the union are treated in their own articles. (iv) The recognition of a Brazilian stable union in another country, and the law of any other country, are not addressed. (v) The text of Provision 149/2023 was read as published on the Council's site, which shows amendments up to 2025; later amendments, if any, were not checked. To review your specific case, contact attorney Luiz Barros — Brazilian Bar, OAB/AL 7.530.
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