Since 1977, when the dissolution of marital partnership (divorce legislation) was enacted, it turned elective for a girl to add her husband’s surname. This legislation amended the then Civil Code of 1916 (the solely paragraph of Article 240), making the addition elective. Therefore, till 1977, the reception of the surname by the spouse operated routinely: the lady, alone, acquired the surname of the man.
“Law 6515/1977 was a milestone for household legislation, which begins to explicitly present for the risk of consummating a wedding; However, this identical legislation in its content material displays how the lady was handled in a secondary method, as solely she had acquired the surname of her husband and in case of divorce, the loss of surname is taken into account in a contextual method. was, as if true punishment: for instance, the lady who was held answerable for the divorce instantly misplaced the proper to the surname she acquired in the marriage”, explains lawyer Tatiana Alves Lowenthal, who works in Civil and Labor in Carvalho e Cavallehiro Advogados. Responsible for the areas.
Over the many years and achievements of feminist actions, the scenario modified till it reached the current level: the Brazilian Civil Code, which, since 2002, permits a person to undertake his spouse’s surname after marriage, if He desires so.
The couple Barbara and Ismail will keep their maiden surname – private assortment
A survey performed by market Casamentos.com.br with 2,000 individuals, 88% of whom have been women, confirmed that 4 out of ten spouses selected not to add their companion’s surname. A bit of over half (51%) preserve the custom of adopting their partner’s surname.
People who don’t want to embrace their husband’s surname and need to point out different causes on this space, for instance, their desire for their dad and mom’ surnames over their partner’s, their id and independence The need to retain and never the need to enhance the quantity of nicknames that you have already got.
However, analysis has proven that practicality is the most important driver for maintaining a maiden name after marriage. Those who change their surname after marriage can have to replace all their paperwork, reminiscent of CPF, CNH, voter registration, passport, financial institution registration, actual property information, and so forth.
Of these interviewed who didn’t need to add their partner’s surname, 45% responded that they want to keep away from a sequence of bureaucracies required by legislation. However, not making adjustments requires an extra dedication: the presentation of a wedding certificates as proof of your new marital standing, at any time when requested.
The new Brazilian Civil Code, revealed on January 10, 2002, additionally permits that “both of the spouses might, if they need, add the surname of the different”, however each individuals in a pair sharing the surname. Still not widespread in Brazil.
“Almost two complete many years, I’ve by no means met anybody who added his spouse’s name. As a lot as it’s a authorized panorama, there isn’t a doubt that the problem can also be cultural”, says lawyer Tatiana Alves Lowenthal.
The Leticia and Bruno couple intend to break this paradigm. (*45*) marriage, 21-year-old pupil Leticia Karina Xavier and 22-year-old software program engineer Bruno Pires will undertake one another’s surnames.
“It is a typical understanding of each that the reality of creating a brand new household will contain the merging of surnames. In this manner we can have an id of our personal, which is an emblem of union. We will signal as Leticia Karina Pierce Xavier and Bruno Pierce Xavier ”, says the bride who mentioned ‘sure’ in November this yr.
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