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Post Nup Agreement

Post Nup Agreement Template for Philippines

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Key Requirements PROMPT example:

Post Nup Agreement

"I need a Post Nup Agreement for a married couple where one spouse is starting a new business venture in March 2025, and we want to ensure the business assets remain separate property while protecting the non-business-owner spouse with specific compensation provisions."

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Document background
A Post Nup Agreement is utilized in the Philippines when married couples wish to formally establish or modify their property relations after marriage. This document becomes particularly relevant when spouses acquire significant assets, establish businesses, receive inheritances, or need to clarify financial responsibilities during their marriage. Under Philippine jurisdiction, these agreements must comply with the Family Code and related legislation, requiring proper execution, notarization, and potentially registration with relevant authorities. The agreement typically covers property division, asset management, debt responsibilities, and can include provisions for business interests and inheritance rights. It's particularly important for high-net-worth individuals, business owners, or couples with complex financial arrangements who need clear documentation of their property relations.
Suggested Sections

1. Parties: Identification and details of both spouses, including their current address and marital status

2. Background: Details of the marriage, including date and place of celebration, and reasons for entering into the post nuptial agreement

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Regime: Declaration of the chosen property regime (e.g., complete separation of property, absolute community of property, or conjugal partnership of gains)

5. Separate Properties: Detailed listing and classification of properties owned separately by each spouse

6. Common Properties: Identification and classification of properties owned in common by the spouses

7. Division of Income and Profits: Rules governing the division of income, profits, and fruits from separate and common properties

8. Debts and Liabilities: Provisions regarding existing and future debts, and allocation of responsibility

9. Management of Properties: Rules for the administration and management of properties

10. Dissolution Provisions: Provisions governing property division in case of legal separation, annulment, or death

11. Governing Law: Specification of Philippine law as the governing law and relevant jurisdictional provisions

12. Execution: Formal execution requirements including notarization provisions

Optional Sections

1. Children's Rights: Provisions protecting rights of children from current or previous marriages, used when there are children involved

2. Business Interests: Specific provisions regarding management and ownership of business interests, used when either spouse owns business assets

3. Inheritance Rights: Special provisions regarding inheritance rights, used when there are specific inheritance concerns to address

4. Support Obligations: Provisions regarding ongoing support obligations, used when there are specific support arrangements to be documented

5. Foreign Assets: Special provisions for foreign-owned assets, used when either spouse owns property in other countries

6. Intellectual Property: Provisions regarding ownership and management of intellectual property, used when either spouse owns significant IP assets

Suggested Schedules

1. Schedule A - Separate Properties of First Spouse: Detailed inventory and documentation of properties owned separately by the first spouse

2. Schedule B - Separate Properties of Second Spouse: Detailed inventory and documentation of properties owned separately by the second spouse

3. Schedule C - Common Properties: Detailed inventory and documentation of properties owned in common

4. Schedule D - Property Valuations: Professional valuations of significant assets mentioned in the agreement

5. Schedule E - Business Assets: Detailed listing and documentation of business interests and assets

6. Appendix 1 - Marriage Certificate: Copy of the marriage certificate

7. Appendix 2 - Property Documents: Copies of relevant property titles, deeds, and registration documents

Authors

Alex Denne

Head of Growth (Open Source Law) @ 黑料视频 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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