"Qualified Dating": Brazilian Superior Court of Justice Reinforces the Distinction Between Dating Relationships and Stable Unions

A recent decision by the Brazilian Superior Court of Justice (STJ), in Special Appeal No. 2.227.076, has once again brought attention to a legal concept that is becoming increasingly relevant in Family Law discussions: “Qualified Dating,” a committed dating relationship that does not amount to a legally recognized stable union.

In a case involving a child in common, a long-term relationship, and an engagement, the Third Panel of the STJ declined to recognize a stable union and held that the relationship should instead be characterized as a “Qualified Dating.”

The decision reinforces that the existence of a public, long-term relationship, even where the couple shares plans for a life together, is not, by itself, sufficient to establish a stable union under Brazilian law. The key element remains the existence of an already established family unit, rather than merely the intention to establish one in the future.In the case under review, despite the ties between the couple, the STJ found that their plans contemplated the formation of a family in the future, which precluded the characterization of the relationship as a stable union.

The concept of “Qualified Dating” is once again gaining prominence as an important category for distinguishing relationships involving a higher degree of commitment, including cohabitation, joint planning, and even children, from situations in which a legally recognized family unit has already been established.

In estate and succession planning, the distinction between a “Qualified Dating” and a stable union is particularly relevant, since the recognition of a stable union may produce significant property and inheritance consequences, including the sharing of assets and liabilities, as well as inheritance rights upon the death of a partner. Other legal consequences may also arise, such as the surviving partner's right of habitation in the property that served as the family's residence, and the possibility of the partner participating in decisions concerning guardianship and conservatorship proceedings in the event of legal incapacity..