Family Law

In families with business assets, divorce ceases to be purely a family matter. It becomes a corporate matter. If the couple are partners in the same company, if the quotas were acquired during the marriage, or if the marital property regime extends to the fruits of the equity interest, the separation comes to involve valuing the company, setting the appraisal reference date and, frequently, either the entry of an ex-spouse into the ownership structure or the need to buy them out.

Much of this litigation is avoidable. Prenuptial agreements (pacto antenupcial), cohabitation agreements and corporate clauses addressing a partner’s divorce are underused instruments in Brazil, almost always because they feel indelicate at the very moment they should be discussed.

Who we act for

• Spouses and partners in divorce or dissolution of a stable union involving significant assets
• Partners in family businesses whose separation affects the corporate structure
• Couples and families seeking prenuptial agreements, cohabitation agreements or a change of property regime
• Parents and guardians, in custody, visitation and child support
• Parties in disputes over the recognition of stable unions and their property effects

How we work

Where a company is involved, we run the family and the corporate discussions in an integrated way. The practical question is not only what the equity interest is worth, but what is to be done with it: the ex-spouse joining the company, a buyout appraisal (apuração de haveres), payment in instalments, offsetting against other assets. Each alternative carries distinct tax and corporate consequences, and the choice must be made before — not during — the division of assets.

In matters involving children, our guiding principle is to reduce litigation whenever that is compatible with the child’s protection. A well-built parenting agreement holds; a court-imposed arrangement in a climate of conflict tends to return to court within months.

When the case requires a company valuation or forensic accounting, we bring the necessary partner professionals into the project team.

Scope of work

• Consensual and contested divorce, judicial and extrajudicial
• Recognition and dissolution of stable unions
• Division of assets and property regime disputes
• Division of equity interests and buyout appraisals in a family context
• Prenuptial and cohabitation agreements
• Change of property regime during the marriage (Art. 1,639, § 2, of the Brazilian Civil Code)
• Child and spousal support: setting, review, termination and enforcement
• Custody, parenting time and relocation disputes
• Recognition and contestation of parentage; multi-parentage
• Protective orders and domestic violence situations
• Guardianship, curatorship and supported decision-making
• Preventive family wealth planning

Related practice areas

Probate and Succession · Corporate Law and Commercial Contracts · Arbitration and Litigation

To discuss a specific matter, please get in touch and schedule a consultation.