Pre-Nuptial Agreement

When the term PRE-NUPTIAL AGREEMENT was discussed in our class before, the classic example our professor gave was the case of JAMES YAP-KRIS AQUINO.  The former couple made this once a headline in the national broadsheet and even in the television that the family of Kris Aquino was suggesting to have a pre-nuptial agreement to govern the property relations of the spouses.

Pre-Nuptial Agreement, as the term suggests, it is an agreement made before a nuptial or the celebration of the marriage.  Whatever the agreement decided by the future spouses, that would be the law to govern their property relations.  In legal parlance, this pre-nuptial agreement is better known as marriage settlement.

What would be included in the pre-nuptial agreement or marriage settlement?

The Family Code of the Philippines provides that the future spouses may, in the marriage settlements, agree upon the regime that would govern their property. These are:

1.  Absolute Community

2.  Conjugal Partnership of Gains

3.  Complete Separation of Property

4.  Any Other Regime

What would govern the property of the spouses if there is no marriage settlement?

In the absence of any marriage settlement or when the regime agreed upon is void, the system of ABSOLUTE COMMUNITY of property shall govern.

What would govern the property relations between husband and wife?

The property relations between husband and wife shall be governed in the following order:

1.  By marriage settlements/pre-nuptial agreements executed before the marriage;

2.  By the provisions of the Family Code of the Philippines; and

3.  By the local customs.

Is any modification in the pre-nuptial agreement or marriage settlement valid?

Any modification in the pre-nuptial agreement or marriage settlement may be valid only if it done before the celebration of the marriage.

How is the pre-nuptial agreement or marriage settlement executed?

The marriage settlement or pre-nuptial agreement and any modification thereof shall be in writing, signed by the parties and executed before the celebrations of the marriage.  They shall not prejudice third person unless they are registered in the local civil registry where the marriage contract is recorded as well as in the proper registries of property.

What would happen to the pre-nuptial agreement or marriage settlement if the marriage does not take place?

Everything stipulated in the settlements or contracts in consideration of future marriage, including donations between the prospective spouses made therein, shall be rendered VOID if the marriage does not take place.  However, stipulations that do not depend upon the celebration of the marriage shall be valid.

Going back to the example mentioned in the first paragraph about James Yap and Kris Aquino, it is already a public knowledge that their marriage went to splitville.  They eventually filed an annulment.  Despite the suggestion made by the family of Kris Aquino to consider a pre-nuptial agreement or marriage settlement, the host-actress did not heed their suggestion.  Thus, there was NO PRE-NUPTIAL OR MARRIAGE SETTLEMENT for that matter executed by them.

Because they did not have any pre-nuptial agreement, the property relations of the popular former couple is governed by the system of absolute community.

What is this system of absolute community?  It will be the topic of my next post.

Source:  The Family Code of the Philippines