Ricardo Tosto Weighs in on the Recent STJ Stand on Marriage, Stable Union and Division of Assets
When it comes to marriage, stable union and division of assets things can get a little complicated. This is because there are many angles to consider in such matters. Recently, the Superior Court of Justice published in its portal about marriage and stable union case of cassation. Ricardo Tosto, Leite, Tosto and Barros Advogados Associados founding partner, took this chance to analyze this case of cassation.
From the publication, Ricardo Tosto was able to establish that the court had concluded that the plaintiff and the man in question had maintained a stable union even though the man was still officially married. The court was also able to conclude that the stable union between the plaintiff and the man in question had ended. This was before the official end of the marriage of the man in question.Ricardo Tosto also noted that the STJ had ended up annulling the earlier court decision. This decision was that the stable union be recognized and the assets be divided. Tosto points out that this was contributed by the fact that the court never summoned the coworker’s wife to the hearing.
In the superior court’s eyes
The STJ’s Fourth Panel saw that the fact that the ex-husband was still legally married during the stable union created a sharp contradiction to the existence of the union. In addition to that, Ricardo Tosto says that the end of the stable union before the official divorce of the man in question shows the instability of their union. The death blow to the plaintiff was the fact that the ex-husband still went ahead with the divorce even after the end of the stable union. Tosto also says that this in the eyes of the superior court was proof enough that the end of the stable union was not instigated by the need to save his official marriage, but rather just a naturally aspirated eventuality.Ricardo Tosto is one of the most accomplished lawyers in Brazil. His amazing law prowess saw him move out of a small office to becoming one of the country’s top lawmen in few years.
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