
Can a stable union change the surname? Check it out!
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In a stable union, a partner can change their surname to adopt the surname of their partner, did you know?
Yes, this is not provided for by law, but there is a legal basis since a decision by the Superior Court of Justice.
In the case of marriage, it occurs during the so-called qualification process. In this case, the change is provided for by law, according to article 1,561 of the Civil Code.
It is important to say that, legally, a name change is considered exceptional, so it must follow certain criteria.
In the case of adopting the partner's surname, no surname may be replaced, only added.
Stable union
First, it is important to be clear about what the Brazilian Civil Code understands as a stable union.
It is a family entity that must follow four objective criteria, according to article 1723 of the Civil Code, which are:
- lasting union;
- Continuous union;
- Public union;
- Union with the aim of forming a family;
Find out more here about what a stable union is and what its benefits are!
Does a stable union allow you to change your surname?
Many people believed that the surname could only be changed in marriage proceedings. This is not true. However, the process for changing a surname is different.
Well, the STJ recognized that a stable union is similar to marriage and can indeed serve as a parameter for change.
But in this case, instead of resorting to adding the surname in the marriage registration process, a rectification of public records will be necessary.
According to case law, the right to change includes the period in which the couple lives together, that is, while the stable union lasts.
How to make the change
Therefore, those in a stable union must make the request differently. It will be necessary to initiate an action to rectify public records.
In this case, the request must be made at the registry office where the change will be formalized. Legal action is not necessary.
Previously, the Public Records Law already provided for this change, but only in some cases.
One of them was that there was a legal impediment to the marriage of the partners. Today, this requirement no longer exists.
Find out here how to add your married surname to your CPF!
Is change mandatory?
No! Although until 1962 the change was mandatory only for women, over time the legislation became increasingly egalitarian.
In the case of men, it was only from 2002 onwards that they were also able to use their partners' names.
Currently, no one is obliged to adopt their partner's surname, unless they want to.
The rule applies to marriages between two people of opposite genders or homosexuals.
What if I break up?
In the case of marriage, at the time of divorce the change can be requested and defined at the same time.
Likewise, in the case of the end of a stable union, the person who “gained” a surname can once again request a change in public records.
Find out here how much it costs to change your surname!
And if the person wants to keep their partner's surname, this is also their right.
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