A prenuptial agreement in the Philippines is required to be signed by the contracting parties and at least two witnesses of legal age prior to the celebration of marriage.
As provided in Article 77 of the Family Code, “The marriage settlement 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 property.”
A reading of the above provision will reveal that while registration of the prenup is not required for its validity, registration is made an additional requirement if the contracting parties wish to bind third parties to the provisions of the agreement. Third parties may mean the parties’ family members and even creditors who may enter into contracts with them.
If the prenuptial agreement is recorded at the proper registries, the creditors will be afforded the opportunity to discover what property regime applies to the spouses. This information may be used by the creditors should a debt collection case ensue and the spouses be named as respondents in the case. The prenup may determine whether one or both spouses can be made liable to the creditor for the unpaid obligations.
Registration of s prenuptial agreement in the Philippines is done at the Civil Registry of the City or Municipality which issued the marriage license. Before registration is caused, the prenup is brought before a Notary Public for notarization. After notarization, the procedure for the registration of the prenup will be as follows:
- Submission of the necessary documents for evaluation;
- Review and approval of the documents by the City Civil Registrar;
- Payment of fees at the Office of the City Treasurer;
- Registration of the agreement;
- Issuance of a Certified True Copy of the agreement;
- Attachment of the Certified True Copy to the Marriage Certificate.