A Prenuptial Contract is essential for couples in the Philippines who wish to establish property relations different from the default regime of absolute community of property under the Family Code. This document is particularly relevant for parties entering marriage with significant pre-existing assets, business interests, or anticipated inheritances. It must be executed before marriage and notarized to be valid under Philippine law. The agreement typically covers property division, asset management, debt responsibilities, and financial obligations during marriage and in case of separation or death. While prenuptial agreements are less common in the Philippines due to cultural factors and the predominance of Catholic marriage, they serve as important tools for asset protection and financial planning, especially for business owners, high-net-worth individuals, or those with complex financial situations.
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1. Parties: Identification of the prospective spouses, including their full legal names, addresses, civil status, and citizenship
2. Background: Brief context about the parties' intention to marry and their desire to establish property relations different from the default regime
3. Definitions: Clear definitions of key terms used throughout the agreement, including types of property, income, and other relevant concepts
4. Date of Effect: Specification that the agreement takes effect upon marriage and what happens if the marriage doesn't proceed
5. Property Regime Selection: Clear statement of the chosen property regime (e.g., complete separation of property, absolute community of property with modifications, etc.)
6. Pre-Marriage Assets: Declaration and treatment of assets owned by each party before marriage
7. Future Property Rights: Rules governing property acquired during marriage, including treatment of income, business assets, and investments
8. Debts and Liabilities: Treatment of pre-existing and future debts, and allocation of responsibility
9. Management of Properties: Rights and responsibilities regarding property management and decision-making
10. Dissolution Provisions: Property division rules in case of legal separation, annulment, or death
11. Governing Law: Specification that the agreement is governed by Philippine law
12. Severability: Statement that if any provision is found invalid, the rest of the agreement remains in force
13. Execution: Formal signing requirements including notarization and witness provisions
1. Business Interests: Specific provisions for existing or future business ownership and management, used when either party owns or plans to own a business
2. Inheritance Rights: Special provisions regarding inheritance beyond statutory requirements, used when parties want to modify default inheritance rights
3. Support Obligations: Specific arrangements for spousal support, used when parties want to predetermine support obligations
4. Intellectual Property Rights: Provisions for handling intellectual property, used when either party has significant IP assets
5. Foreign Assets: Special provisions for foreign-held assets, used when either party has significant assets outside the Philippines
6. Children's Provisions: Arrangements regarding future children's education and support, used when parties want to pre-agree on children's matters
7. Religious Requirements: Specific provisions aligned with religious beliefs, used when parties wish to incorporate religious principles
8. Family Business Protection: Specific provisions protecting family businesses or inheritances, used when family businesses are involved
1. Schedule A - Pre-marriage Assets of First Party: Detailed inventory of all assets owned by the first party before marriage
2. Schedule B - Pre-marriage Assets of Second Party: Detailed inventory of all assets owned by the second party before marriage
3. Schedule C - Pre-marriage Debts and Liabilities: List of all existing debts and liabilities of both parties
4. Schedule D - Family Business Assets: Detailed description of any family business interests and their treatment
5. Schedule E - Real Property Details: Specific details of real property owned by either party, including certificates of title
6. Appendix 1 - Supporting Documents: Copies of relevant certificates, titles, and other supporting documents
7. Appendix 2 - Valuation Reports: Independent valuation reports for significant assets
8. Appendix 3 - Certificate of Independent Legal Advice: Certificates confirming both parties received independent legal advice
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