In the past, most of the time, marriage was arranged by the couple's parents, turning it into a forced union. It was like an act of acquisition, where the groom “acquired” the bride and the transaction was sealed by a coin. Find out more.
Historically, the role of marriage as an axis of social stability was more important than the love between couples. Marriage was essentially an act of acquisition: the groom "acquired" the bride, the transaction was sealed by the payment of a gold or silver coin.
Most of the time, the marriage was arranged by the couple's parents, becoming a reinforced union, with the man's domination over the woman prevailing.
The functions of marriage were focused on raising children, transmitting values, serving as an economic nucleus and organizer of the daily tasks of life. In the past, a young couple who started a life together had greater emotional and logistical support, as they had the support of family figures (previously numerous). Today's couples are staying on a boat alone, they work outside the home and raising children has become more complex.
However, union and family are part of a social reality, built along with the evolution of humanity. For centuries, people went through courtship rituals, with a partner, and then went straight into marriages that were supposed to be for life. A union that aimed at procreation also faced issues linked to the value of property, the conquest of land and political agreements between the nobility.
Even so, traditional marriage survived the arrival of the new millennium.
THE REALIZATION OF THE WEDDING
In Brazil, marriage is a civil act and its formalities are governed by the new Brazilian Civil Code. Many people are unaware, but the Code establishes that the celebration of civil marriage is free, as well as the qualification for marriage, registration and the first certificate will be exempt from stamps, fees and costs, for people whose poverty is declared.
From the day the celebration is scheduled, until it actually takes place, several acts and formalities precede the wedding, such as: qualification, checking the existence of impediments, choosing the property regime, publishing notices, among others.< br >
A curious fact about the wedding ceremony is that it is a public event and wherever the celebration ceremony takes place, the doors must always be open.
Still regarding the celebration, the wedding can be: Common; Consular; by Power of Attorney; Civil Effects Religious; or Nuncupative (or "in extremis"). The latter is celebrated by the bride and groom themselves, when one of the contracting parties is at imminent risk of death and it is impossible for the authority that must preside over the act to be present, in the presence of six witnesses, who must, within ten days, appear before the authority nearest court and report what happened.
DISSOLUTION OF MARRIAGE
In three or four decades, the dissolution of marriage has evolved a lot in our national law. From the old desquite to the administrative divorce, the Brazilian went through several stages that allowed him to obtain a new life after a frustrated marriage. There are things that need to be improved, it's true, but for those who couldn't even separate a few years ago, we've already made great strides.
Currently, our law contemplates the dissolution of marriage as follows:
1. Through Death:The Civil Code decrees the dissolution of marriage through death and allows it through the absence of the other spouse decreed by court decision, that is, through presumed death.
2. Annulment of Marriage:Like any legal act, the marriage may be Void or Void. According to our Civil Code, a marriage is null and void if, before it, any of the partners had contracted a civil marriage with another person; when contracted by a mentally ill person who has no discernment for the acts of civil life; or when contracted in violation of an impediment, and will be voidable when the contracting parties are not of the minimum age to do so; when there is no authorization from a legal representative for the minor of marriageable age; when there is a defect, that is, an error regarding the identity, honor or good reputation of one of the contracting parties; when contracted by a person incapable of consenting or incapable of unequivocally expressing consent; or even, when celebrated by an authority incompetent to do so.
3. Judicial Separation: Judicial separation is equivalent to the old Desquite and puts an end to marital duties, as well as the property regime. It turns out that judicial separation does not fully dissolve the marital bond, which can only occur one year after the separation sentence, with the conversion of separation into divorce. To legally separate, the spouses must have been married for at least one year and the sentence in this process will result in the separation of bodies and sharing of assets, putting an end to the duties of cohabitation, reciprocal fidelity and property regime. The separation may still be by mutual consent (consensual - when the spouses agree on the separation), or Judicial, when there is a violation of the duties of marriage by the other spouse, making life together unbearable.
4. Divorce: Divorce puts an end to the marital relationship, its rights and obligations. The main difference in relation to Separation is that only after Divorce can a new marriage be contracted. Divorce can be requested by one or both parties after one year of the final judgment of the sentence that decreed the separation. It may also be requested by one or both spouses, in the case of proven de facto separation for more than two years. If requested by both parties, the Divorce will be Consensual. It will be processed as a dispute when requested by only one of the parties, but nothing prevents its conversion into Consensual, which could speed up its processing.
OTHER METHODS OF SEPARATION AND DIVORCE
ADMINISTRATIVE DIVORCE:Since January 2007, couples who intend to separate or divorce can make use of law 11.441/2007 and separate or divorce, consensually, directly at a Notary's Office. The rules contained in the aforementioned Law can only be used by couples without children or with older and capable children. The former couple must be assisted by a lawyer and must register the separation or divorce with the Civil Registry and the Property Registry Office (if there are assets of this nature, subject to sharing). To make use of the aforementioned Law, the ex-couple must have been separated for more than a year, in accordance with a public deed or court sentence of separation (See The extinction of the marital bond through Extrajudicial Divorce).
NOVELTY
Since July 14, 2011, Constitutional Amendment (EC) No. 66 has been in force, which gives a new direction to divorce in our country. With the change, it is possible to divorce without the prior need for legal or de facto separation. Until then, to decree or approve a divorce, it was necessary to prove that the period of one year had passed since the legal or marital separation (divorce by conversion) or two years since the separation in fact (direct divorce). (See The New Divorce after Constitutional Amendment nº 66).
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Find out more about our activities in Family Law, here. Our professionals carry out activities such as: negotiation and formalization of pre-nuptial and marriage agreements, precautionary separation of bodies, consensual and contentious separation, direct (judicial or administrative) and litigious consensual divorce, alimony, pregnancy maintenance, among others. You can also consult our Articles and News and even if you didn't find what you were looking for, contact us, we will be happy to assist you.
