Pre-nuptial: everything about the pact between Fátima and Afonso in 'Vale Tudo'

Summary Fátima Acioly will be surprised with a prenuptial agreement proposed by Afonso in "Vale Tudo", generating dissatisfaction in the character; experts explain the function and conditions of this type of agreement in Brazilian law.

In the next chapters of Vale Tudo (Globo) , Fátima Acioly (Bella Campos) will finally carry out her plan: she will be asked to marry Afonso Almeida Roitman (Humberto Carrão).

However, the it girl of the moment will have an unpleasant surprise when the billionaire calls her to talk about a prenuptial agreement. In images already released by Globo , it is possible to notice the character's discontent upon receiving the news.

But after all, what was so bad about the pact between Fátima and Afonso that it upset the girl?

What is a prenuptial agreement?

The antenuptial agreement , popularly known as a prenuptial agreement, is a legal document signed before the wedding. As explained by lawyer Alexandra Ferreira Rodrigues , a specialist in Family and Health Law, in this document the bride and groom define the rules and agreements regarding their respective material assets.

“For example, how the assets will be managed during the marriage and, if there is a divorce, how they will be divided,” she said in an interview with Terra .

When is a prenup indicated?

According to Alexandra, there are some situations in which a prenuptial agreement is recommended:

• When one or both of the bride and groom have significant assets before the marriage;

• For couples with a large wealth difference between them;

• When there are family businesses or equity interests involved;

• For those who wish to protect future inheritance or specific assets;

• In second marriage, especially when there are children from previous relationships;

• For people over 70 years of age (who, by law, must marry under a mandatory separation regime, but can customize some rules via an agreement);

• When the bride and groom want to establish specific rules regarding debts, investments or future acquisitions.

If none of these situations apply to you, there is no problem. In Brazil, the prenuptial agreement is regulated by the Civil Code (articles 1,653 to 1,657) and allows the bride and groom to choose a property regime that is different from the standard one, allowing them to customize the rules regarding their assets.

Is there more than one type? What is the difference?

The prenuptial agreement can be personalized or follow pre-established models, such as:

• Universal Community of Property : All assets, current and future, are shared and belong equally to the couple, with rare exceptions;

• Total Separation of Assets : Each spouse maintains exclusive ownership of their assets, without patrimonial communication;

• Final Participation in Acquisitions : During the marriage, it works as a total separation of assets, but, in the divorce, each person has the right to half of what was acquired onerously by the couple;

• Mixed or Personalized Pact : Combines elements of different regimes or creates specific rules for certain goods.

“The main difference is in the degree of asset communication and the specific rules on administration, acquisition and division of assets”, pointed out Alexandra Rodrigues .

Does cheating or polygamy void a prenuptial agreement?

Spoiler alert : if everything goes as in the first version of the soap opera , Fátima Acioly will probably betray Afonso , as she has been doing with César (Cauã Reymond). This made the reporter question: could the it girl lose the right to the billionaire's fortune because of this?

“As a rule, no. The prenuptial agreement is a property agreement that remains valid regardless of behavioral issues, such as cheating or other marital infractions. Brazilian law adopts no-fault divorce, which means that the reason for the end of the marriage does not interfere with the division of assets established in the agreement. The document remains valid and effective even if one of the spouses has committed infidelity or other reprehensible behavior,” explained the specialist.

However, according to her, there are some situations in which the pact can be annulled .

“For example, when there is an error in the contract, if one of the spouses fails to mention the existence of significant assets before signing, or in the case of coercion — when, for example, someone threatens to cancel the wedding days before if the other party does not sign extremely unfavorable terms,” he explains.

For those interested in entering into a prenuptial agreement, the lawyer advises seeking out a Property Law professional and carrying out some prior research.

“Make a complete inventory of the assets, debts and financial expectations of both spouses. Discuss with your partner and the lawyer which property regime and which specific clauses best meet the couple’s needs. The lawyer will then draft the agreement according to the agreed definitions. The prenuptial agreement must be made by public deed at a notary’s office, with both spouses present,” he said.

She also made an important warning: “The pact is only valid if it is entered into before the marriage. After the marriage, any change in the property regime requires judicial authorization, with justification and safeguarding the rights of third parties.”