Prenuptual Agreements in the Philippines (Prenups)

As you can see from the article below, prenuptials are not the norm in the Philippines, but only for those few who are aware they can have such a side contract. Prenups seem to fly in the face of the family code that says" Marriage is for life," and in a country where there is no divorce. There is exceptions. Divorces obtained by foreign nationals in a country that recognizes divorce are honored here.

See the Philippine Family Code.

These prenups speak to the division of assets and custody in the event of a "separation" in the Philippines. Only separations and annulments can part partners in a marriages in the Philippines absent the exception mentioned above and in the case of Muslim marriages, where divorce is allowed.
If you are marring a Filipina, Filipino and are concerned about your asset's, you should consult an attorney to determine if a prenuptial agreement is a good idea for you. It is doubtful the Filipina, Filipino spouse will welcome it, But to be on the safe side it is something you might want to consider if you have concerns.

July 2006

PRE-NUPS, PHILIPPINE STYLE

Those still wanting to get hitched prepare for the worst( By: RIANNE C. TECSON of Sun.Star Cebu )

With the rising trend of separations, couples are getting bitten by the practical bug. And before exchanging "I do's," some have their lawyers draft a pre-nuptial (pre-nup) agreement.

Pre-nups, also known as marriage settlements in the Philippine laws, are basically arrangements between a couple on how they will share or divide their properties once they tie the knot. This document is executed by the couple before their marriage and should be notarized.

Lawyers interviewed by the Sun.Star Cebu said there is no specific formula in coming up with a pre-nup; it all depends on the whims and caprices of the couple. This explain why in the United States , some pre-nups include absurd provisions such as not allowing the woman to gain weight or even have children.

In the Philippines , though, pre-nups are mostly confined to the properties brought into and acquired during marriage. There are three common types governing arrangements of couples who go into the pre-nups.

First the absolute separation of property, where the couple separately own the properties and the fruit of there properties.

Then there's the conjugal partnership of gains, where the couple gets separately keep whatever properties they acquired before and during the marriage, but will have to share the ownership of the fruits of the properties acquired while they were married. Those who married before 1988, when the Family Code was passed, are under this regime.

Another type of pre-nup followed by some couples is keeping for themselves the properties they acquired before the marriage, but sharing ownership and fruits of the properties they acquired while they were married.

Most pre-nups, one lawyer told Sun.Star Cebu, do not have provisions on support for the children "since it is the presumption of the law that the couple will mutually support the children out of their own funds.

RARE

While we hear of pre-nupsbeing drawn nowadays, especially among celebrities, it is still not commonly practiced in the
country.

In her nine years of experience, one lawyer said she has notarized only five pre-nups.Yet lawyers interviewed by Sun.Star Cebu recommended drawing up pre-nups to their clients.

A pre-nup is better because you can always refer any differences ( in the marriage) to the contract, one lawyer said.Another pre-nups serve as mutual protection for the couple, given the rising trend of separation nowadays.

Anyway, if one feels that he loves his partner enough not to worry about what he might lose, the good thing about a pre-nup is that just like any contract, it can be revoked.

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