PRE-NUPTIAL AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This PRE-NUPTIAL AGREEMENT, entered into this _______ day of ___________________ 20___ in __________, by and between
JUAN DE LA CRUZ, and MARIA REYES, both of legal age, and residing at
____________________________________________________________________.
WITNESSETH:
THAT the parties hereto are about to enter into a contract of marriage, tentatively scheduled to take place sometime in
_____month_______ 20___;
THAT they hereby mutually agree that all the property, real and personal, now owned by the future wife, MARIA REYES, shall remain
to be own exclusive and separate property, subject to her disposition, administration, and enjoyment; while those of the future
husband, JUAN DE LA CRUZ shall likewise remain also to be his own exclusive and separate property, subject to his absolute
disposition and administration;
THAT all properties and earnings acquired after marriage by any party or jointly by both parties shall constitute conjugal properties
or funds which, among other common purposes, shall defray or take care of family expenses, including the rearing and education of
future children that may be begotten or that may be adopted during the marriage;
THAT this agreement shall take effect upon the celebration of the marriage.
IN WITNESS WHEREOF, the parties hereto have signed their names unto this document on the date and at the place first above
written.
JUAN DE LA CRUZ MARIA REYES
Future Husband Future Wife
SIGNED IN THE PRESENCE OF:
_________________________ __________________________
ANKNOWLEDGMENT
Republic of the Philippines)
__________________________) SS.
BEFORE ME, a Notary Public in and for __________________, Philippines, this ____________________ personally appeared:
Name Res. Cert. No./ Date/Place
Passport No. Issued
JUAN DELA CRUZ ________________________
MARIA REYES ________________________
known to be the same persons who executed the foregoing instrument and they acknowledged to me that the same is their free and
voluntary act and deed.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my notarial seal on the date and place first above written.
Doc. No. ______
Page No. ______
Book No. ______
Series of ______.
Aform0024

Prenups in the Philippines
Although divorce is not allowed under Philippine law, prenuptial agreements are permissible to fix the property relations
during the marriage within the limits provided by this Code.

Article 1 of the Family Code of the Philippines provides that, Marriage is a special contract of permanent union between a
man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation
of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not
subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits
provided by this Code. The Family Code, otherwise known as Executive Order No. 209, took effect in 1988.

The Family Code provides that a regime of absolute community of property applies automatically upon marriage.
However, that regime is subordinate to the terms of a valid prenuptial agreement.

Thus the Code specifies that Unless otherwise provided in this Chapter or in the marriage settlements, the community
property shall consist of all the property owned by the spouses at the time of the celebration of the marriage or acquired
thereafter. Article 91. Certain specified items are excluded from the default regime of community property but the burden
is on the party asserting that an item is excluded to prove that such is the case. (Articles 92 and 93).

A prenuptial agreement may contain such terms as the parties wish to govern their affairs. However, the Family Code
provides for certain specific regimes that the parties may choose to adopt, these being:

The regime of Conjugal Partnership of Gains, whereby the husband and wife place in a common fund the proceeds,
products, fruits and income from their separate properties and those acquired by either or both spouses through their
efforts or by chance, and, upon dissolution of the marriage or of the partnership, the net gains or benefits obtained by
either or both spouses shall be divided equally between them, unless otherwise agreed in the marriage settlements; and

The regime of Separation of Property, whereby each spouse shall own, dispose of, possess, administer and enjoy
his or her own separate estate, without need of the consent of the other, and which may refer to present or future property
or both and which may be total or partial.

Prenuptial agreements must be entered into voluntarily. They should be in writing. They can be set aside for lack of
consent, fraud, coercion, mistake, undue influence or bad faith. In order to be effective against third persons, they must be
notarized and recorded in the Registry of Property for the Protection ofCreditors and in the local civil registry.

A prenuptial agreement may stipulate as to what law will determine the parties property relations. Absent such a choice of
law clause the law of the Philippines will govern such matters if one spouse is a Filipino citizen. However, the laws of the
Philippines will not apply to property located outside the Philippines. Article 16 of the Civil Code of the Philippines provides
that, "Real property as well as personal property is subject to the law of the country where it is situated."