pn2 Property Relations and Prenuptial Agreements

As provided by law, the property relations between husband and wife shall governed in the following order:  (1) By marriage settlements executed before marriage; (2) By the provisions of Family Code; and (3) By the local customs.

The future spouses may agree on the property relations during their marriage, on either (1) System of absolute community; (2) Conjugal partnership of gains; (3) Complete separation of property; or (4) any other regime or system, so long as it is not contrary to law, morals, good customs, public order or public policy. If the future spouses did not enter into marriage settlements, or when the regime agreed upon is void, the system of absolute community of property apply between them.

In the absence of a contrary stipulation in a marriage settlement, the property relations of the spouses shall be governed by Philippine laws, regardless of the place of the celebration of the marriage and their residence. This rule shall not apply: (1) Where both spouses are aliens; (2) With respect to the extrinsic validity of contracts affecting property not situated in the Philippines and executed in the country where the property is located; and (3) With respect to the extrinsic validity of contracts entered into in the Philippines but affecting property situated in a foreign country whose laws require different formalities for its extrinsic validity.

Take note that everything stipulated in the marriage settlements or contracts in consideration of a future marriage, including donations between the prospective spouses made therein, shall be rendered void if the marriage does not take place. However, stipulations that do not depend upon the celebration of the marriage shall be valid.

To know more about this topic, please email info@domingo-law.com or call Atty. Joyce Domingo at +632-8231090 or +639175220680.