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Published — June 1, 2022

This article is provided for general informational purposes only and does not create, nor shall it be construed as creating, a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. For advice on specific legal concerns, you are encouraged to engage the services of a qualified lawyer. You may also directly consult Alburo Alburo and Associates Law Offices for proper guidance tailored to your situation.

The views and information presented herein are based on the laws, rules, and jurisprudence prevailing at the time of writing. They do not take into account subsequent legal developments and should not be relied upon as a substitute for professional legal advice.

Read also: Frequently Asked Questions on Annulment and Declaration of Nullity of Marriage

The Family Code of the Philippines defines Marriage as “a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code.”

Marriage is a permanent union and the parties cannot stipulate as to its nature, consequences, and incidents.  The parties are however allowed to enter into an ante-nuptial agreement as to what property relationship shall govern them during the marriage.

Ante-nuptial Agreement

Ante-nuptial Agreement or Marriage Settlement is a contract entered into by a man and a woman who intend or plan to get married fixing the property regime that will govern their present and future properties during their marriage.  This is also sometimes referred to Prenuptial Agreement.

Kinds of Property Regimes

The future spouses can agree on either of the following property regimes:

1. Absolute community;
2. Conjugal partnership;
3. Complete separation of property;
4. Dowry system, where the wife would bring in property to help the husband in supporting the family, subject to the condition that at the end of the marriage the property or its value shall be returned.

When Ante-Nuptial Agreement Must Be Made

The Ante-Nuptial Agreement must be made before the celebration of the marriage and not thereafter in order that the same may be valid. In fact, they cannot change it during the marriage except as authorized by law.

Requisites for Ante-Nuptial Agreement

1. Must be made BEFORE the celebration of the marriage and even modification must also be made BEFORE the wedding except conversion into the complete separation of property regime, which would be allowed provided that there is judicial approval and no prejudice to creditors.
2. Must not contain provisions contrary to law, good morals, good customs, public order, and public policy or against the dignity of either spouse.
3. Must generally confine itself only to property relations.
4. Must be in writing.

The Ante-Nuptial Agreement is a Contract

The provisions of the Ante-Nuptial Agreement must not be contrary to law, good morals, good customs, public order, and public policy. If in the marriage settlement, one of the surviving spouses is prohibited in marrying another, such an agreement would be void as against public policy. Also, the marriage settlement must generally confine itself merely to property relations (Paras, Edgardo L. Civil Code Of The Philippines Annotated. Rex Bookstore).

Effect on the Ante-Nuptial Agreement in Case the Marriage Is Not Celebrated

Everything stipulated in the ante-nuptial agreement in consideration of a future marriage shall be rendered void if the marriage does not take place. However, stipulations that do not depend upon the celebration of the marriages shall be valid.

Also, in case the marriage was not celebrated, the donations made between the prospective spouses shall be rendered void. These donations in considerations of marriage shall be further discussed the next article.

Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.

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