Article 77 of the Family Code: Form of a prenuptial agreement
Status: In force
What does Article 77 say?
The marriage settlements and any modification thereof shall be in writing, signed by the parties and executed before the celebration of the marriage. They shall not prejudice third persons unless they are registered in the local civil registry where the marriage contract is recorded as well as in the proper registries of properties.
What does it mean in plain language?
Article 77 sets the form of a prenuptial agreement, which the Family Code calls a "marriage settlement". It must be in writing, signed by the parties, and executed before the wedding. Any change to it follows the same form. It does not bind third persons, such as buyers or banks, unless it is registered in the local civil registry where the marriage contract is recorded and in the proper registries of property.
A marriage settlement is the agreement in which future spouses choose their property regime, such as complete separation of property, instead of the default absolute community (Article 75). Article 1 says marriage settlements may fix the property relations during the marriage "within the limits provided by this Code".
How does it work in real life?
Carla and Miguel: signed and registered
Two months before their wedding, Carla and Miguel sign a written agreement choosing complete separation of property. They attach a copy to their marriage certificate. They also register it in the local civil registry where the marriage contract is recorded and in the registry of property where Carla's lot is recorded. Because it is registered, Article 77 no longer keeps it from affecting third persons, such as a bank that later lends money to Miguel.
Dina and Paul: too late
Dina and Paul married in 2020 without a prenup, so absolute community applies. In 2026 they sign a private paper saying each owns his or her income separately. That paper is not a valid marriage settlement, because it was not executed before the wedding. To separate their property, they would need a court order, for example on a joint verified petition under Article 136.
Liza and Tom: the wedding is cancelled
Liza and Tom sign a prenup, and in it Tom donates a car to Liza. The wedding is called off. Under Article 81, the stipulations made in consideration of the marriage, including the donation of the car, become void.
These are made-up examples to show how the rule works. They are not advice for any real case.
What does this mean in practice?
- If the regime chosen is not absolute community, the future spouses cannot donate to each other in the marriage settlement more than one-fifth of their present property; any excess is void (Article 84).
- The regime starts at the wedding. A stipulation that it will start at another time is void (Article 88).
- Without a contrary stipulation in the marriage settlement, Philippine law governs the spouses' property relations wherever they married or live, with the exceptions in Article 80. See marrying a foreigner.
- The marriage certificate shows the wedding date and whether there was a marriage settlement. See the guide to the PSA marriage certificate.
- For what a prenup can and cannot say, see prenuptial agreement in the Philippines and the definition of a prenuptial agreement.
What does Article 77 say?
The marriage settlements and any modification thereof shall be in writing, signed by the parties and executed before the celebration of the marriage. They shall not prejudice third persons unless they are registered in the local civil registry where the marriage contract is recorded as well as in the proper registries of properties.
What are the requirements for a valid prenup?
The article lists three requirements of form:
- In writing. A spoken promise is not a marriage settlement.
- Signed by the parties. Both future spouses sign.
- Executed before the wedding. It must exist before the marriage is celebrated.
Article 77 does not mention notarization. This page does not cover what the registries ask for when they record a document.
Some people need others to join the agreement. For example, Article 79 says a person under civil interdiction or another disability needs the guardian appointed by a competent court to be made a party to the marriage settlement.
Why register a prenup?
Registration protects the spouses' choice against outsiders. Without it, the marriage settlement "shall not prejudice third persons". A third person is anyone who is not a party to the agreement, such as a buyer of the couple's land, a bank that lends them money, or a creditor.
Article 77 names two places:
- the local civil registry where the marriage contract is recorded; and
- the proper registries of property, where the spouses' properties are recorded.
Article 22(7) also says the marriage certificate states that the parties have entered into a marriage settlement, if any, and a copy is attached to it.
Can a prenup be made or changed after the wedding?
No. Article 76 says a modification of the marriage settlement is valid only if made before the wedding, subject to Articles 66, 67, 128, 135 and 136. Those exceptions all go through the court: for example, revival of the old regime after reconciliation in a legal separation case, or judicial separation of property.
Article 134 says that, without an express declaration in the marriage settlement, separation of property during the marriage happens only by judicial order. Article 136 lets the spouses jointly file a verified petition for the voluntary dissolution of their absolute community or conjugal partnership.
Frequently asked questions
Can we sign a prenup after the wedding?
No. Article 77 says the marriage settlement must be executed before the celebration of the marriage, and Article 76 says any change must also be made before the wedding, subject to a few exceptions in the Code. After the wedding, separating property needs a court order (Articles 134 and 136).
Does a prenup have to be notarized?
Article 77 requires a prenup to be in writing, signed by the parties and executed before the wedding. It does not mention notarization. This page does not cover what the civil registry or the registries of property ask for when they record a document.
What happens if we do not register our prenup?
Article 77 says the marriage settlement shall not prejudice third persons, such as buyers, banks or creditors, unless it is registered in the local civil registry where the marriage contract is recorded and in the proper registries of property.
What happens to our prenup if the wedding is cancelled?
Article 81 says everything stipulated in consideration of the future marriage, including donations between the future spouses made in it, becomes void if the marriage does not take place. Stipulations that do not depend on the wedding remain valid.
Can a prenup be verbal?
No. Article 77 says the marriage settlement and any modification of it shall be in writing and signed by the parties.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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