What is a Prenuptial Agreement in the Philippines?

A prenuptial agreement—also known as an ante-nuptial agreement or marriage settlement—is a legally binding contract entered into by future spouses before their marriage. Its primary purpose is to define the property regime that will govern their financial and property relations during the marriage. By setting the terms of ownership, management, and division of assets and debts, a prenuptial agreement provides clarity, security, and peace of mind to both parties.

Why Enter Into a Prenuptial Agreement?

According to Article 74 of the Family Code of the Philippines, the property relations between a husband and wife are primarily governed by the prenuptial agreement, if one exists. If no such agreement is executed, or if the marriage settlement is declared void, Philippine law provides for a default property regime.

Absolute Community of Property as the Default Regime

For marriages celebrated on or after August 3, 1988 (the effectivity of the Family Code), the default property regime is the Absolute Community of Property. Under this regime, almost all properties owned by either spouse at the time of the marriage or acquired thereafter automatically become part of the community estate, subject to certain exclusions such as property acquired by gratuitous title or exclusively for personal use.

For marriages celebrated before the Family Code, the default regime is the Conjugal Partnership of Gains, where properties acquired during the marriage are presumed conjugal unless proven otherwise.

Types of Property Regimes in a Prenuptial Agreement

When drafting a prenuptial agreement, future spouses may choose from the following property regimes:

Conjugal Partnership of Gains: Each spouse retains ownership of their separate properties, but income and fruits derived during the marriage are pooled and equally divided upon dissolution.

Complete Separation of Property: Each spouse maintains exclusive ownership, control, and administration of their individual properties, both present and future.

Custom Property Regimes: The parties may agree on any other arrangement not contrary to law, morals, or public policy.

Legal Requirements for a Valid Prenuptial Agreement

For a prenuptial agreement to be valid and enforceable in the Philippines, it must meet the following formalities:

Written Form: The agreement must be in writing. Oral agreements have no legal effect.

Executed Before Marriage: The prenuptial agreement must be signed prior to the celebration of the marriage. Agreements made after the wedding are not recognized as valid marriage settlements.

Registration for Third-Party Effect: To affect or bind third parties, the agreement must be recorded in the Registry of Property. This ensures transparency and public notice of the chosen property regime.

Can a Prenuptial Agreement Be Modified?

According to Article 76 of the Family Code of the Philippines, modifications to a marriage settlement must also be made before the marriage. However, in exceptional cases, changes may be allowed after marriage, but only with judicial approval and compliance with legal safeguards.

Final Thoughts

While marriage is an inviolable social institution governed largely by law, the prenuptial agreement is a unique legal instrument that allows couples to define their property relations on their own terms. It is a proactive and practical approach to financial planning, especially in situations involving significant personal assets, family businesses, or second marriages.

By entering into a well-crafted prenuptial agreement, future spouses in the Philippines can ensure clarity, fairness, and legal protection in their financial partnership—helping prevent conflicts and misunderstandings later on.

*This blog post is intended for informational and academic purposes only and does not constitute legal advice. Readers are encouraged to consult a qualified lawyer for advice specific to their individual circumstances.

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