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Prenuptial Postnuptial Agreement

Prenuptial Postnuptial Agreement Template for Philippines

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Key Requirements PROMPT example:

Prenuptial Postnuptial Agreement

"I need a Prenuptial Agreement under Philippine law for my upcoming marriage in March 2025, specifically addressing my ownership of multiple business enterprises and real estate properties in Manila and Cebu, ensuring these remain as separate property while establishing clear management rights for both spouses."

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Document background
The Prenuptial/Postnuptial Agreement is a vital legal instrument in the Philippines for couples seeking to establish clear property rights and financial arrangements either before or during their marriage. This document becomes particularly important given the Philippines' unique legal framework where divorce is not recognized (except for Muslim citizens under the Code of Muslim Personal Laws) and the default marital property regime is absolute community of property. The agreement must comply with the Family Code of the Philippines and related legislation, requiring proper execution before a notary public and witnesses. It typically includes comprehensive provisions for property division, asset management, debt responsibilities, and business interests, while considering future contingencies such as legal separation, annulment, or death. The document is especially relevant for couples with substantial separate assets, business interests, or those seeking clarity in their financial arrangements.
Suggested Sections

1. Parties: Identification of the prospective/current spouses, including their full legal names, addresses, civil status, and nationalities

2. Background: Context of the agreement, including the planned/existing marriage date, reason for the agreement, and acknowledgment of voluntary execution

3. Definitions: Definition of key terms used throughout the agreement, including types of property, income, and other relevant concepts

4. Property Regime Selection: Express declaration of the chosen property regime, deviating from the default absolute community of property

5. Separate Properties: Detailed listing and description of properties that will remain as exclusive property of each spouse

6. Common Properties: Description of properties that will be considered common or conjugal, including future acquisitions

7. Management of Properties: Rules and procedures for managing both separate and common properties, including requirements for consent

8. Debts and Liabilities: Treatment of existing and future debts, allocation of responsibility for liabilities

9. Income and Earnings: Treatment of salaries, business income, and other earnings during the marriage

10. Dissolution Provisions: Property division rules in case of legal separation, annulment, or death

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

12. Execution Requirements: Formal requirements for validity including notarization and witness requirements

Optional Sections

1. Business Interests: Specific provisions for handling business ownership and management when one or both spouses own businesses

2. Inheritance and Gifts: Special provisions for treatment of inherited property or gifts received during marriage

3. Foreign Property: Specific provisions for property located outside the Philippines, if applicable

4. Support Obligations: Optional provisions regarding spousal support or maintenance

5. Dispute Resolution: Alternative dispute resolution mechanisms for handling disagreements

6. Insurance Policies: Provisions regarding life insurance policies and beneficiary designations

7. Modification Procedures: Procedures for modifying the agreement after marriage

Suggested Schedules

1. Schedule A - Separate Property of First Party: Detailed inventory of properties owned by the first party prior to marriage or designated as separate property

2. Schedule B - Separate Property of Second Party: Detailed inventory of properties owned by the second party prior to marriage or designated as separate property

3. Schedule C - Common Property: Listing of properties agreed to be held in common

4. Schedule D - Business Assets: Detailed description of business interests and their agreed treatment

5. Schedule E - Debt Schedule: Listing of existing debts and their agreed treatment

6. Appendix 1 - Property Valuations: Independent valuations of significant assets mentioned in the agreement

7. Appendix 2 - Financial Disclosures: Financial statements or disclosures of both parties

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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