Prenuptial Agreement (Marriage Settlement): Meaning
Quick answer
A prenuptial agreement is a written contract between a couple, signed before the wedding, that sets how their property will be owned during the marriage. The Family Code calls it a "marriage settlement". Without one, the default regime of absolute community of property applies.
Also called: Marriage settlement, Prenup
What can a prenuptial agreement cover?
Article 1 of the Family Code says marriage settlements "may fix the property relations during the marriage within the limits provided by this Code." Under Article 75, the future spouses may choose:
- absolute community of property;
- conjugal partnership of gains;
- complete separation of property;
- any other regime, within the limits of the law.
Absolute community and conjugal partnership start at the moment of the wedding. An agreement to start them at another time is void (Articles 88 and 107).
What are the formal requirements?
Article 77 sets them:
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.
So a prenuptial agreement must be written, signed by both and made before the wedding. To bind banks, buyers and other third persons, it must also be registered. The marriage certificate states that the parties entered into a marriage settlement, and a copy is attached (Article 22(7)).
Can it be changed after the wedding?
Not by a private agreement. Changes must be made before the wedding (Article 76). The exceptions listed in that article, Articles 66, 67, 128, 135 and 136, all involve the court. Unless the marriage settlement already provides for it, separation of property during the marriage happens only by court order (Article 134). The spouses can jointly file a verified petition for it (Article 136).
Are there other limits?
Yes. If the couple chooses a regime other than absolute community, they cannot donate to each other in the settlement more than one-fifth of their present property; the excess is void (Article 84). And if the wedding does not take place, everything agreed because of it becomes void (Article 81).
Example
Made-up illustration: Before their wedding, Carla and Miguel sign a written agreement choosing complete separation of property. They register it with the civil registry where their marriage is recorded and with the Registry of Deeds where Carla's lot is. It can then be used against third persons, such as banks and buyers. If they had skipped the prenuptial agreement, absolute community would apply.
For the full answer, see Prenuptial agreement in the Philippines. For the marriage certificate itself, see the PSA marriage certificate guide.
Which provisions use this term?
Frequently asked questions
Can we sign a prenup after the wedding?
No. Articles 76 and 77 of the Family Code require marriage settlements and their changes to be made before the wedding. Unless the marriage settlement already provides for it, separation of property during the marriage needs a court order (Article 134), for example on a joint verified petition (Article 136).
What happens if we do not sign a prenup?
Absolute community of property applies (Article 75 of the Family Code).
Does a prenup bind banks and buyers?
Only if it is registered. Article 77 says marriage settlements do not prejudice third persons unless registered in the local civil registry where the marriage contract is recorded and in the proper registries of property.
What if the wedding does not happen?
Article 81 says everything agreed in consideration of the future marriage, including donations between the future spouses, becomes void if the marriage does not take place. Stipulations that do not depend on the wedding stay valid.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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