Asset Protection & Women's Rights in Divorce: Essential Guide

Marriage: A Contract Requiring Asset Protection

Dr. Renê highlights that 37% of divorces in Brazil occur due to financial problems. He proposes a rational view, suggesting that women should see marriage as a business, where intelligence and clear agreements must prevail from the outset. Social pressure and excessive romanticism often lead women to ignore the importance of discussing finances and asset protection, resulting in significant losses. Livia Matos shares her own experience of losing assets in her first marriage due to lack of planning and excessive romanticism, reinforcing the need for pragmatism.

Career Break and Compensation

A crucial point is the career break (often referred to as 'curricular blackout' or 'career gap' in Portuguese), where many women leave the workforce to care for children and the home, losing years of professional development. IBGE data shows that women work 55% more in invisible and unpaid activities, characterizing “veiled slavery.” Dr. Renê explains that while society often devalues this domestic work, there are legal tools to compensate for this career loss in case of divorce. He mentions the Protocol for Judging Gender Perspective by the National Council of Justice, which aims to balance judgments in women's rights cases.

Legal and Social Challenges

Structural sexism still persists, both in society and in the Judiciary, leading to the normalization of absurdities. Dr. Renê criticizes men who hide assets to avoid paying alimony and the lack of social accountability. He addresses the “Golden Cage Syndrome,” which affects financially well-off women who, despite apparent wealth, experience psychological abuse and are judged by other women for “complaining.”

Infidelity and Divorce Rights

The issue of female infidelity is another delicate point. The Civil Code of 1980 contained an article that could imply the loss of the right to alimony due to infidelity. However, the Federal Constitution prioritizes the right to life and sustenance, rendering this interpretation inadequate and, for many, unconstitutional. Infidelity does not affect the division of assets or child custody but may impact the right to compensatory alimony.

Child Custody and Alimony: Myths and Realities

Shared custody is the rule in Brazil, meaning both parents decide on their children's lives, regardless of where the child lives. The “primary residence” is where the child lives most of the time, and the parent with the primary residence does not pay child support. Alimony (or child support) is calculated based on the child's needs (school, health, leisure) and the father's financial capacity, without a fixed 30% limit. Dr. Renê emphasizes that society should not normalize a father living better than his child.

Mothers and Custody

Women do not lose child custody due to financial issues. Loss of custody only occurs in situations that harm the child's well-being, such as addiction, aggression, or proven negligence. The Judiciary has structured itself to investigate these complaints with psychologists and social workers, protecting the child.

The Impact of Social Media and Legal Changes

Dr. Renê warns about the improper use of photos and social media screenshots to discredit women in divorce proceedings, a practice that should be curbed and punished by the Judiciary. He expresses great concern about the proposed amendment to the Civil Code that would allow changes to the property regime at a notary's office. This change would facilitate the manipulation of women, especially during vulnerable times (pregnancy, postpartum), annihilating their property rights without proper judicial protection, as the judge's oversight would be removed.

Support and Resources for Women

For women with limited resources, the Public Defender's Office is an option for seeking free legal assistance, although Dr. Renê points out its limitations and the slowness of the process. He suggests seeking out legal aid clinics at law schools as a more effective alternative. Additionally, there are public policies like Casas Lilás (Purple Houses - shelters) and social rent for victims of violence, showing that protection tools are evolving in Brazil, even if implementation remains a challenge.

A Message of Courage

Dr. Renê concludes with a powerful message: Courage. He encourages women to understand that there is life outside unhappy marriages, to seek support from a genuine “support network” – even a small one – and to face the truth about their relationships, no matter how hard it may be. He reiterates that women will not lose child custody or starve if they seek separation. Sometimes, leaving an abusive relationship is a path to life, empowerment, and transformation itself. You are not alone.