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Retiree Need Dating Contract

Mark Blonde

Thinking of retiring in Brazil (Pipa) and living with an older Brazilian woman. We both have separate assets we want to protect for our children, also not wanting alimony etc. if it doesn't work out.  Not looking for a "Stable Union." I've read we need a "Dating Contract." Advice on getting this written to protect us. Other advice on the practical impact of their laws. Thank you!

See also

Marriage in BrazilTravel to BrazilRetirement in BrazilExpat death in BrazilRe-enter Brazil without RNM card (but still registered with FP)
mberigan

@Mark Blonde


I have to admit that I'd never heard of this, a contract between "ficantes." So I looked around and I found the following on the appropriate site for such things (in Portuguese, of course):


mberigan

Mark Blonde

@mberigan


Thanks! That is a great start! Having gone through a divorce in the US, my biggest fear, aside from protecting my assets that I want to go to my children when I die, is avoiding the potential of alimony! Neither of us are going into this with the thought of life long support from he other if it doesn't work out, but if there is as legal risk of alimony, it makes me uncomfortable. Of course everyone hopes that things work out and all is great and beautiful, but at my age, I do recognize this is not always the case!

abthree

06/05/25 @Mark Blonde.  As @mberigan discovered, there is such a thing as a "Contrato de Realcionamento (ou Namoro)".  You and your future partner can arrange for it at the Cartório do 1º Ofício in the town where you want to settle, the same place where you would go for a União Estável or a marriage.  You can set it for whatever time period and with whatever terms the two of you agree on, and the cartório will record it. 


It's a subject that almost never comes up here because most people who post relationship questions are asking about relationships that can be formalized so that they serve as a basis for permanent residency.  This kind of contract probably would not qualify, but since you're planning on getting a retirement visa, that's not a problem for you.

Soliloquy20203

I asked the following question to ChatGPT and got the same answer than the article in JusBrasil: In Brasil, is there such thing as  a Dating Contract Constitutive Agreement to avoid two people to be recognized as being into a stable union relationship? But the answer contains the following Important notes:


A dating contract does not offer absolute protection. Courts can override it if the actual nature of the relationship changes (e.g., they start living together permanently, raise children, share finances).


Judges in Brazil look at real-life behavior, not just documents. So if the relationship functions like a stable union, the contract might not hold.

Fred

I asked the following question to ChatGPT and got the same answer than the article in JusBrasil: In Brasil, is - @Soliloquy20203

That's because AI searched the Internet for the answer. Unfortunately, AI doesn't know fact from fiction, so answers it gives are possibilities, not facts.

Mark Blonde

I guess then, since I have gone through an ugly divorce, I just want to be protected. Things can start out as one thing and then get predatory, so worst case, if somehow it got into court (officials paid off?) and I got charged for alimony, if I jump a plane and go back to the USA, can I have my pension etc. seized to pay or do I just have to stay out of Brazil? Again, I just want to formalize our personal agreement and be protected. For an American, the writing of the law is kind of frightening-- leaving it to a court to determine whether you have legally become "married" when someone has never said "I do." Thanks!

abthree

06/07/25 @Mark Blonde.  The chances that in the worst case you'll be confronted with "officials paid off" in a Brazilian court are pretty slight, although possible.  A bigger danger would be that in any "he said/she said", "she" would probably get a more sympathetic hearing that "he", especially if "she" is Brazilian and "he" is not.  An angry ex can make a world of trouble for a foreigner, which is why I urge every expat who writes in contemplating a divorce to stay on good terms with the ex if at all possible.


I can understand your concern with even the protection of a legal agreement given your past experience, but that raises the more fundamental question, why cohabit at all?  Consenting adults in Brazil can have standing relationships and be "Friends with Benefits" and still maintain their own homes with no commingling of their assets at all.   Something to consider.

Mark Blonde

@abthree, good terms and things working out is always the plan, but things don't always go as planned. If I go down there to live with her, it means I am really convinced that it will be good and work out, but as a retiree, I don't have the time to recover the burden of alimony etc, so I have to protect myself. I guess the idea of not cohabitating is good in legal theory, but when you're in love, waking up, sharing breakfast and doing things together etc. is really nice! Thanks!

Mark Blonde

having done more online research, it looks like most states do not recognize palimony even among states and with the dating contract stating that we both agree to no alimony, it would be nearly impossible for it to be enforced, even in the unlikely event it got granted in Brazil. So aside from getting the dating contract notarized, I'm just moving forward as if everything will be good. Her choice is to find a place in Pipa, anyone have any comments on retiring there? Thanks!!!

Peter Itamaraca

@Mark Blonde

Yes, we and lots of friends and colleagues have been to Pipa many times - it is just a 3.5 hour drive up the coast from the island of Itamaracá where we all live or have homes.


Pipa is a relatively expensive beach town for its size, mainly used as a weekend destination for wealthier citizens of Natal, RN, and frequented by lots of "surfer dudes", due to the constant big waves. There are lots of very good (local and international) restaurants and bars, and plenty of good quality places to stay.


Houses are relatively expensive compared the the regional norm, but the real downside is that few (other than costly new builds) have escritura - most are owned by possession, not title. But a great place if you are a foodie!

abthree

06/08/25 Houses are relatively expensive compared the the regional norm, but the real downside is that few (other than costly new builds) have escritura - most are owned by possession, not title. But a great place if you are a foodie! - @Peter Itamaraca

Is there a way, aside from new construction, to get a house there with an escritura, or are there just none to be had? 

Peter Itamaraca

06/08/25 Houses are relatively expensive compared the the regional norm, but the real downside is that few (other than costly new builds) have escritura - most are owned by possession, not title. But a great place if you are a foodie! - @Peter Itamaraca
Is there a way, aside from new construction, to get a house there with an escritura, or are there just none to be had? - @abthree

I am sure there are homes with escrituras to be had, it is just that you have to be careful, and locally it is quite accepted that ownership by possession is the norm...

Mark Blonde

@Peter Itamaraca. Thank you! Do you have other recommendations where to look in the area near a nice beach?

Peter Itamaraca

@Peter Itamaraca. Thank you! Do you have other recommendations where to look in the area near a nice beach? - @Mark Blonde

Depends on what you are looking for - big city, small beach town, rural, etc; how close to the beach, price range, type of property, etc, etc.


There are 3 big cities in the NE - Natal, Joao Pessoa and Recife, of which Joao Pessoa is by far the best in my opinion, but I am not a big fan of big cities, and it does not have an international airport.


If you search Itamaraca Tourism I am sure you will find info about where we live - in a small beach town on an island that you can drive to.


More rural properties are available everywhere, but not normally near the beach.


Send me a pm if you want some more detailed help...