Below is a comprehensive discussion of prenuptial agreements—often referred to as “marriage settlements”—under Philippine law. This article explains what a prenuptial agreement is, how it is regulated, its formal requirements, and what couples should consider before creating one. Note that this is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified Philippine attorney.

1. Legal Framework

a. Governing Law
Prenuptial agreements in the Philippines are primarily governed by the Family Code of the Philippines (Executive Order No. 209, as amended by Executive Order No. 227). The relevant provisions on property relations between spouses are found in Articles 74 to 144 of the Family Code.

b. Terminology
Under the Family Code, the prenuptial agreement is formally referred to as a “marriage settlement.” It outlines how property relations will be governed between spouses during the marriage and can also specify property distribution should the marriage be dissolved (for example, by death or annulment).

2. Purpose of a Prenuptial Agreement

A prenuptial agreement allows prospective spouses to:

Determine their property regime. By default, if no prenuptial agreement is executed, the couple’s property regime is the Absolute Community of Property (ACP).
Protect personal or family assets. Especially relevant if one or both parties have substantial pre-existing assets or unique financial obligations.
Manage liabilities. Clarify responsibility for debts or obligations incurred before or after marriage.
Avoid future disputes. Establishing clear terms early on can reduce confusion and legal conflicts in the future.

3. Default Property Regime without a Prenuptial Agreement

If the couple does not execute a valid prenuptial agreement, the Absolute Community of Property regime applies as the default. Under ACP, all properties owned by the spouses prior to the marriage and those acquired during the marriage (with a few exceptions, such as those acquired by gratuitous title like inheritance or donation) generally become part of one single community property.

Other statutory regimes recognized in the Family Code (and which can be chosen in a prenuptial agreement) include:

Conjugal Partnership of Gains (CPG).
Complete Separation of Property.
Any other regime as long as it does not violate Philippine laws or public policy.

4. Essential Formal Requirements

To be valid and enforceable under Philippine law, a prenuptial agreement (marriage settlement) must adhere to the following requirements:

Must be in Writing
The agreement must be in a written instrument signed by both parties.
Executed Before the Celebration of the Marriage
The prenuptial agreement must be concluded prior to the wedding date. If parties attempt to execute a property agreement after the marriage, that becomes a postnuptial agreement, which has different requirements and may be subject to stricter scrutiny or additional formalities.
Notarization (Public Instrument)
The document must be executed in the form of a public instrument—meaning it must be acknowledged before a notary public. Notarization ensures the authenticity of the signatures and the voluntary execution of the contract.
Registration
Although the Family Code does not explicitly state that failure to register invalidates the agreement between the parties themselves, registration is critical for third-party enforcement and proof against third persons. Specifically:
- Local Civil Registry. A copy of the prenuptial agreement must be filed with the local civil registry where the marriage contract is recorded.
- Registry of Property. If real property is involved, it should be registered in the appropriate Registry of Property where the real estate is located.
Capacity to Enter Into a Contract
Both parties must have the legal capacity to enter into contracts. They should be of legal age (or meet the legal requirements for marriage under Philippine law) and possess sufficient understanding of the agreement’s terms.

5. Choosing a Property Regime

In drafting a prenuptial agreement, prospective spouses can choose among various property regimes or create a combination, as long as it does not violate law or public policy:

Absolute Community of Property (ACP)
- All properties owned by the spouses at the time of marriage or acquired thereafter generally form one community property.
- Liabilities are also considered “community liabilities” except for personal obligations arising before the marriage or from crimes or quasi-delicts.
Conjugal Partnership of Gains (CPG)
- Each spouse retains ownership of the properties they owned before marriage.
- Only the “fruits” (income, profits) and properties acquired during the marriage by reason of their work or industry form part of the “conjugal partnership.”
- Upon dissolution, the net gains (profits) are divided equally.
Complete Separation of Property
- Each spouse keeps ownership, management, and control of their own properties—whether acquired before or during the marriage.
- This regime can help protect family assets or business interests from potential future conflicts or debts of the other spouse.
Other Stipulations
- Spouses can introduce specific provisions relating to property management, disposal, or distribution, provided these terms do not contravene mandatory laws (e.g., spousal support obligations and provisions relating to legitimacy of children).
- They may also define how to handle pre-existing debts or future liabilities.

6. Common Provisions in a Philippine Prenuptial Agreement

A typical prenuptial agreement often includes provisions on:

Definition of Separate and Conjugal Property
- Clarification of the assets each party will keep as “separate” and not part of the community or partnership.
- Disclosure of all significant assets and liabilities prior to marriage.
Management and Disposition of Property
- Who manages a certain property during the marriage and whether consent of the other spouse is necessary for disposition (e.g., sale, mortgage).
Debts and Obligations
- Determination of which spouse is responsible for specific debts or obligations, whether existing prior to the marriage or incurred during the marriage.
Inheritance and Succession Plans
- While Filipino law imposes compulsory succession rules (legitime) that cannot be entirely waived, spouses can still clarify certain aspects of inheritance or plan around properties that are freely disposable.
Dispute Resolution Clause
- Some agreements include an arbitration or mediation clause to minimize litigation in case of a dispute.

7. Effects of Non-Compliance

Lack of Formalities
- If the prenuptial agreement is not executed before the marriage, not in writing, or not notarized, it generally has no legal effect and the default property regime (Absolute Community of Property) will apply.
Non-Registration
- Even when valid between the spouses, non-registration in the local civil registry or the registry of property might impair the agreement’s effectiveness against third parties. For instance, a third-party creditor might presume that assets are part of community property if the prenuptial agreement is not properly registered.
Invalid or Void Stipulations
- Certain clauses that violate laws, morals, or public policy can be declared invalid. For example, provisions that purport to limit spousal support entirely might be void.

8. Amending or Revoking a Prenuptial Agreement

The Family Code allows the spouses to modify or replace their prenuptial agreement before the celebration of the marriage following the same formalities (written, notarized, etc.). Once the marriage has taken place, changing the property regime becomes significantly more complex—often requiring judicial approval unless the Family Code provides an exception.

Thus, while the agreement can be altered or revoked before the marriage, postnuptial changes are much more constrained and typically need to satisfy additional legal requirements, including a court proceeding to protect the interests of creditors and possibly the family.

9. Considerations for Overseas Filipinos and Mixed Nationality Couples

Foreign Laws. If one or both parties are non-Filipinos, the laws of their country of nationality may affect property ownership or succession rights. In some cases, conflict-of-law rules dictate which jurisdiction’s laws will govern.
Property Abroad. The agreement’s enforceability regarding overseas properties may require compliance with the laws of the country where those properties are located.
Dual or Multiple Nationalities. Parties should verify how local (Philippine) law interacts with the laws of other countries in which they hold citizenship or residency.

10. Practical Steps to Execute a Valid Prenuptial Agreement

Consult a Lawyer
- Engage a Philippine attorney experienced in family law to ensure compliance with the Family Code and other relevant laws.
Full Asset Disclosure
- Disclose all substantial assets and liabilities. Transparency helps avoid future disputes and potential legal challenges (e.g., claims of fraud, deceit, or lack of consent).
Draft and Review
- Your lawyer should prepare a draft, then allow both parties enough time to review and seek independent legal advice to confirm that the agreement is fair and freely signed.
Notarization
- Both parties must appear before a notary public to sign the prenuptial agreement, converting the instrument into a public document.
Registration
- After execution and notarization, register the agreement with the local civil registry where your marriage will be recorded.
- If you own real property, register it with the appropriate Registry of Property.
Secure Certified Copies
- Keep multiple certified true copies of the notarized and registered document. This will simplify proof in case issues arise in the future.

11. Important Caveats and Reminders

Cannot Circumvent Mandatory Family Law Protections
Regardless of the agreement, spouses cannot waive or diminish fundamental rights such as spousal support and legitime for children under Philippine law.
Judicial Scrutiny
In the event of a dispute, courts will evaluate the validity of a prenuptial agreement based on compliance with legal formalities, voluntariness of execution, full disclosure, and the absence of provisions contrary to law or public policy.
Consultation with Experts
For complicated arrangements (e.g., multiple properties in multiple jurisdictions), it is prudent to consult not only a family lawyer but also a tax attorney and possibly a financial advisor.

12. Conclusion

A prenuptial agreement in the Philippines (or “marriage settlement” under the Family Code) gives couples the opportunity to decide how they want their property relations to be governed before they marry. It must be executed in writing, before the marriage, notarized, and ideally registered for full enforceability against third parties. By adhering to these formal requirements, prospective spouses can ensure clarity and protection of their respective assets and interests throughout the marriage.

Because each couple’s situation is unique, it is strongly advisable to consult a Philippine lawyer who can draft or review a prenuptial agreement and ensure it aligns with the couple’s goals, complies with the Family Code, and respects any applicable foreign laws (for mixed-nationality marriages). This preventive legal measure can help avoid costly disputes in the future and provide peace of mind for both spouses.

Disclaimer:
This article is provided for general informational purposes and does not constitute legal advice. Laws and regulations may change, and the application of legal principles can vary widely based on individual circumstances. For tailored advice, please consult with a qualified attorney in the Philippines.