For most Filipinos, the romantic idea of marriage as a marriage agreement is nothing. Since it is a legal contract on how property is distributed in the event of a separation between a man and a woman, they think it is like expecting the union to end, which then kills romance. But the reality is that money is one of the biggest problems that weighs on marriage, which makes a prenupe even more important. The registration of the marriage agreement in the Philippines is carried out by the civil registry office of the city or municipality that issued the marriage permit. Before registration, the Prenup is placed in front of a notary for certification. After certification, the Prenup registration procedure will be as follows: Keep in mind that a prenup must be performed before the marriage, as the agreements and modifications that were made after the ceremony (except in cases of judicial separation of property during the marriage) are considered null and void. If the husband and wife wish to change ownership, they must do so by filing a petition in court. The marital agreement, in order to avoid any confusion or legal conflict in the future over the inheritance, must explicitly state what ownership regime the future spouses want. It must be understood that, in an Absolute Community system, all real estate belonging to the spouses (past, present and future) belong to the Absolute Community and are shared equally between the husband and wife (even if it is a property inherited from a single spouse). Under Article 96 of the Family Code, the administration and enjoyment of the Absolute Community belong jointly to both spouses, but if there is disagreement, the husband`s decision is a priority.
If the woman refuses the man`s decision, she must go to court. The unfairness felt by this regime makes it an undesirable choice of the ownership regime – that is why future couples choose to choose the ownership of the marriage in their marital agreement. The spouses retain ownership, ownership, management and enjoyment of their exclusive real estate, unlike the absolute ownership community, where both spouses jointly manage the exclusive ownership of the other spouse. The Family Code (Article 110) lists what is considered exclusive property: in the matrimonial agreement, future spouses may begin to gain prominence over the ownership regime of: marriage contracts in the Philippines. Before that, only members of prominent families should have a marriage before the wedding date. Now, with the growing number of Filipino-foreign relations, the need to have a marital agreement has begun to make a reputation. A. A title indicating that the document is a marital agreement b. The full names of the couple c. The date on which was written and signed the document that was to be before the marriage d. A clause stipulating that both parties were willing to participate in the marriage agreement and that they had the content of it.
A full disclosure agreement f. A deterrence clause g. An arbitration or mediation clause h. Assets that are included in the i contract. The division of property once the couple is married j. How the spouse`s or spouse`s debts are treated k. How to distribute assets in the event of separation (either through the marital partnership of profits or through the total separation of ownership) as well as other special conditions. Action to be taken in situations such as the death of a husband or wife, or where a partisan party has an illegitimately born child.