Prenuptial Agreement in the Philippines: Requirements

It is a contract between future spouses about their property during the marriage. Article 1 of the Family Code says marriage is "not subject to stipulation", except that marriage settlements "may fix the property relations during the marriage within the limits provided by this Code." The rest of the marriage, its "nature, consequences, and incidents", is governed by law, so a prenup deals only with property.

The settlement comes first in the order of rules on property:

In short:

• Absolute community of property is the default. It applies when there is no prenup, or when the regime in the prenup is void.
• [Conjugal partnership of gains](/law/glossary/conjugal-partnership-of-gains) applies only if you choose it.
• Complete separation of property applies only if you choose it.
• Any other regime is possible, within the limits of the Family Code.

For the difference between the first two, see Absolute community vs conjugal partnership.

So the Family Code asks for four things:

1. In writing. A spoken agreement is not enough.
2. Signed by the parties.
3. Before the wedding. Any change must also be made before the wedding (Article 76).
4. Registered, to bind third persons. Article 77 says an unregistered prenup does not prejudice third persons, such as creditors or buyers of your land. To bind them, it must be registered in the civil registry where the marriage contract is recorded and in the proper registries of property.

The marriage certificate also states whether the parties entered into a marriage settlement, and a copy is attached (Article 22(7)).

Article 77 does not say the prenup must be notarized. The registries may have their own rules for documents they record. Check with them or with a lawyer before the wedding.

The Family Code sets some limits:

• No start date other than the wedding. The absolute community starts at the moment the marriage is celebrated, and any other agreed start date is void (Article 88). The same rule applies to the conjugal partnership of gains (Article 107).
• A cap on gifts between you. If you choose a regime other than absolute community, you cannot donate to each other in the prenup more than one-fifth of your present property; the excess is void (Article 84).
• No waiver of community rights during the marriage. Under absolute community, rights and shares cannot be waived during the marriage, except on a judicial separation of property (Article 89). Article 107 applies the same rule to the conjugal partnership of gains.
• It depends on the wedding. If the marriage does not take place, the terms made in consideration of it, including gifts between you, become void (Article 81).

Not by private agreement. A change to the marriage settlements is valid only if made before the wedding (Article 76). After the wedding:

The spouses may jointly file a verified petition with the court for the voluntary dissolution of their absolute community or conjugal partnership and the separation of their common properties (Article 136). All creditors must be listed and notified, and the court protects them.

Yes. Unless the settlement says otherwise, Philippine law governs the property of the spouses, wherever they married or live (Article 80). This rule does not apply when both spouses are foreigners. See Marrying a foreigner in the Philippines.

The rules depend on your property regime and on whether the property is common or exclusive. See Can a spouse sell conjugal property without consent?

These are made-up examples to show how the rules work. They are not advice for any real case.

Carla and Miguel. Before their wedding, they sign a written agreement choosing complete separation of property (Articles 75 and 77). A copy is attached to their marriage certificate (Article 22(7)). They register it with the civil registry where their marriage contract is recorded and with the proper registry of property for Carla's lot, so that banks and buyers are bound by it (Article 77).

Dina and Paul. They married in 2020 without a prenup, so absolute community applies. Now they want separate property. A private agreement signed today is not enough. They need a court order, for example on a joint verified petition (Articles 76, 134 and 136).

Ana and Ben. Their prenup chooses conjugal partnership of gains and includes a large gift of land from Ben to Ana. Because their regime is not absolute community, Article 84 limits gifts to each other in the prenup to one-fifth of their present property, and any excess is void.

A prenup is a contract that affects your property for the whole marriage, and it can only be signed before the wedding. A lawyer can draft it, explain how each regime treats your property, business and debts, and handle registration. Talk to a lawyer well before the wedding, especially if one of you owns a business, land, or property abroad.

If you cannot afford a lawyer, see Free legal help in the Philippines for the Public Attorney's Office (PAO) and other options.