Muito se tem falado sobre o término do relacionamento entre o jogador de futebol Vinicius Junior e a influenciadora Virginia Fonseca, especialmente acerca da existência de um contrato de namoro: afinal, esse instrumento realmente protege o patrimônio do casal?
A dating relationship is, in principle, an emotional relationship without the intention of building a family unit or jointly accumulating assets. It differs from marriage, which requires formal legal recognition, and from a stable union (união estável), a legally recognized relationship characterized by a lasting, public, and committed partnership in which the couple demonstrates an intention to establish a family.
When a dating relationship ends, there is generally no division of assets, no right to spousal support, and no housing rights. Marriage and stable unions, however, are legally protected institutions that generate significant legal and financial consequences, including inheritance rights and priority in matters such as guardianship and estate administration.
Even when a couple maintains a long-term romantic relationship and lives together, the absence of an intention to establish a family, combined with the lack of mutual moral and financial commitment, may lead the relationship to be classified merely as a dating relationship. In Brazilian legal practice, this is often referred to as a "qualified dating relationship."
What Is the Purpose of a Dating Agreement?
The legal recognition of a stable union depends on concrete evidence and a clear public demonstration that the couple intends to build a family together.
A dating agreement is a formal declaration through which the parties define the nature and limits of their relationship, expressly stating that they are involved in a romantic relationship but do not, at that time, intend to establish a family. Its primary purpose is to preserve the separation of assets and avoid the legal consequences typically associated with a stable union.
However, a dating agreement does not override the reality of the facts. In other words, if evidence demonstrates that the relationship functions in practice as a stable union, the courts may recognize it as such and apply the corresponding legal consequences.
Therefore, even when a dating agreement exists, certain behaviors may indicate the existence of a stable union, including:
a) one partner acting as guarantor or co-signer for the other;
b) presenting themselves socially or on social media as "husband" and "wife";
c) listing each other as emergency contacts;
d) maintaining joint bank accounts or shared credit cards;
e) having unrestricted access to each other’s residence, including possession of keys or access codes; and
f) granting powers of attorney to one another.
Important Elements of a Dating Agreement
To provide greater legal certainty, a dating agreement should ideally include:
i) the date on which the relationship began;
ii) an express declaration that the relationship is purely romantic and does not constitute a stable union; and
iii) a clear statement that there is no intention to establish a family.
If the relationship comes to an end, it is advisable to formally document its termination through an appropriate agreement. Conversely, if the relationship evolves into a stable union or marriage, the parties should execute the legal instrument that best reflects their new circumstances.
In any event, for those in a genuine dating relationship, the most important thing remains enjoying the good moments together.
Happy Valentine’s Day!
Luciene Franzim
Founding Partner
Franzim Legal Consulting