Author Topic: House bill does away with pre-nup  (Read 1162 times)

Offline Lee2

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House bill does away with pre-nup
« on: March 21, 2017, 08:20:36 AM »
In a statement, Alvarez explained that his bill seeks to “prevent bitter property feud between estranged couples,” serving notice that this may “even deter marriage for money.”

For the longest time, all married couples have been governed by the “system of absolute community” where properties and monies of each spouse are considered common and is thus shared, depriving each party of having propriety rights over his/her possession. This bill will provide a solution to such problems, especially once they become estranged.

Alvarez said that while “at first glance, the provision of the law seems to be a testament to the integrity of the Filipino family, it does not address the complicated realities (in) facing marriages or relationships on the rocks.”

“The State must recognize that these realities are, in fact, burdensome and detrimental to the relations of less-than-ideal families and marriages. The contestation of property in the face of a growing rift only breeds resentment,” the Davao del Norte lawyer-congressman argued.

To address these problems, the bill proposes to replace the regime of absolute community with that of “total separation of property.”

“This system provides that each spouse shall own, dispose of, possess, administer and enjoy his and her own property, without need for consent of the other. Additionally, separate earnings shall be owned by each spouse separately,” Alvarez explained.

The bill, however, retains the provision of the Family Code allowing future couples to enter into a marriage settlement for a “regime of absolute community, conjugal partnership of gains, complete separation of property or any other regime.”

Thus, the proposed amendment provides: “In the absence of a marriage settlement, or when the regime agreed upon is void, the regime of total separation of property as established in this Code shall govern.”

Likewise, the same system applies to the property regimes of unions without marriage or under a void marriage.
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Offline suzukig1

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Re: House bill does away with pre-nup
« Reply #1 on: March 21, 2017, 10:59:27 AM »
The title seems to be misleading.  The article says that the provision in the Family Code for prenups is being kept.  The proposed change seems to replace community property as the default with separation of property as the default.  Good for the rich spouse.

IMO a fair split would be:

50/50 split of all assets accumulated during the marriage

The division of property that was separate before the marriage should be split scaled to the length of the marriage.  Up to a 50/50 split if the marriage lasted 10 years or more.
« Last Edit: March 21, 2017, 11:06:10 AM by suzukig1 »


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