Prenuptial Agreement in the Philippines: Requirements, Notarization, and Registration

A practical, everything-you-need-to-know guide set in Philippine law. This is general information, not legal advice. For drafting or cross-border situations, consult a Philippine lawyer.

Quick facts (at a glance)

Legal name: Marriage settlements (often called a “prenup”).
When: Before the wedding—changes after the wedding are not allowed except by court order in limited cases.
Form: Written, signed by both fiancés, and notarized (public instrument).
To bind third persons: Register the prenup with the Local Civil Registry (LCR) where the marriage is recorded and the proper registries of property (e.g., Register of Deeds).
Default if no prenup (weddings on/after Aug 3, 1988): Absolute Community of Property (ACP).

1) What a Philippine “prenup” is (and why it matters)

Under the Family Code of the Philippines, the spouses’ property relations are governed in this order: (1) their marriage settlements (prenup), (2) the Family Code’s default rules, and (3) local custom. The prenup lets you choose or customize your property regime so you’re not stuck with the default.

Without a prenup:

For marriages from Aug 3, 1988 onward, the default is Absolute Community of Property (ACP)—generally, what either spouse owns at the time of marriage and what they acquire thereafter (with specific exclusions) becomes community property.
For earlier marriages, different default rules (e.g., Conjugal Partnership of Gains) may apply under prior law.

2) What you can (and cannot) put in a prenup

A. Typical, valid stipulations

Choose a property regime:
- ACP (absolute community),
- CPG (conjugal partnership of gains),
- CSP (complete separation of property), or
- a bespoke/hybrid regime tailored to your needs.
List exclusive property: identify assets that will not become community/conjugal (e.g., premarital assets; gifts/inheritances and their fruits if so agreed).
Management & administration: who manages what; who signs for which transactions; thresholds that require both signatures.
Debts & liabilities: how premarital debts and future obligations are allocated (subject to rules protecting creditors).
Income & fruits: whether income from exclusive assets remains exclusive or becomes common.
Disposition rules: consent requirements for selling/encumbering certain assets.
Dispute resolution clause: e.g., mediation first, venue, governing law (especially for cross-border couples).
Schedules/annexes: asset and liability lists for clarity and disclosure.

B. Stipulations that are void or risky

After-marriage changes by private agreement. Once married, you cannot privately change the regime; switching requires court approval and only on specific legal grounds.
Waiver of essential marital duties (e.g., support, fidelity, cohabitation) or parental authority/custody arrangements for future children—contrary to law/public policy.
Donations between spouses during the marriage (generally void). Donations by reason of marriage made before the wedding are a different category and must follow donation formalities.
Clauses to transfer Philippine land to a foreign spouse. The Constitution bars land ownership by non-Filipinos; a prenup cannot override this.
“Penalty” clauses for future personal conduct (e.g., fines for infidelity) are commonly struck for being contrary to morals/public policy.
Donations of future property (void under donation rules).

3) Formal validity: timing, capacity, form

A. Timing

Must be executed before the celebration of marriage.
Any modification must likewise be made before the wedding. Once married, the regime is fixed, save for judicially approved changes in exceptional cases.

B. Capacity & consent

Parties must have legal capacity to marry and freely consent (no fraud, intimidation, undue influence, or mistake).
If a fiancé is 18–20 years old, Philippine law requires parental consent to marry; practical rule: secure the same parental consent context when executing the prenup.

C. Writing, signatures, notarization

Writing & signatures are essential.
Notarization (acknowledgment before a notary public) is the practical and expected form because:
- It converts the prenup into a public instrument (strong evidentiary weight).
- Registries will not accept unnotarized documents for recording.
- Third persons (creditors, buyers) typically rely only on notarized and registered instruments.

Bottom line: For a prenup that works in real life, make it written, signed, notarized, and registered.

4) Notarization (how it actually works)

Personal appearance before a Philippine Notary Public (or a Philippine consular officer abroad).
Bring competent IDs; the notary will verify identity and voluntariness.
The notary acknowledges that you personally appeared and affirmed the document as your free act.
The notary enters the act in the notarial register and affixes the notarial seal.

Executed abroad? Two common routes:

Sign before a Philippine Embassy/Consulate (acts as notary) OR
Notarize under the foreign country’s law and Apostille it (or consularize if Apostille isn’t available), then submit a sworn translation if not in English/Filipino. Either way, you’ll still register in the Philippines (see next section).

5) Registration (to bind third parties)

A prenup binds the spouses once validly executed, but it does not bind third persons (e.g., creditors, buyers in good faith) unless registered. Registration is a public notice function.

Where to register

Local Civil Registry (LCR) where your marriage certificate is recorded (usually the city/municipality of marriage).
Proper registries of property for assets that have registries, most commonly:
- Register of Deeds for real property (annotate on existing titles; for future acquisitions, have the prenup cited when titling);
- Other registries as applicable (e.g., LTO for vehicles, IPOPHL for IP, MARINA for vessels). Banks and counterparties may also require a certified copy.

When to register

As soon as practicable.
- LCR: Often at or shortly after registration of the marriage (so the prenup can be referenced/annotated in civil records).
- Register of Deeds: Immediately for existing titled properties; for future acquisitions, present a certified copy so the new title reflects the correct regime.

What happens if you don’t register

The prenup may still govern between the spouses, but cannot defeat the rights of third persons in good faith who rely on public records and default property regimes.

6) Cross-border and mixed-nationality couples

A choice-of-law clause is highly advisable (e.g., “This prenup and the spouses’ property relations are governed by Philippine law”), subject to Philippine mandatory rules (e.g., foreign nationals still cannot own Philippine land).
For assets located abroad, consider parallel formalities/recordings in the situs country (e.g., real estate registers), because lex situs and local publicity rules may control enforceability there.
Ensure Apostille/consularization and sworn translations where needed.

7) Donations “by reason of marriage” (propter nuptias)

If your prenup includes gifts in contemplation of the wedding:

Immovables: must be in a public instrument describing the property; acceptance must be in the same or a separate public instrument.
Future property cannot be donated.
If the marriage does not take place, the donation fails/reverts.
Donations between spouses during the marriage remain generally void—structure gifts as propter nuptias (pre-wedding) and follow the formalities.

(Tax rules change from time to time; get current tax advice for any sizeable transfers.)

8) Enforceability and common attack points

Courts treat a prenup like any contract—but they scrutinize it because it affects family relations and third persons. Issues that have sunk prenups include:

Executed after the wedding (too late).
No notarization / defective notarization (undermines evidentiary value and registrability).
No registration (ineffective against third parties).
Vitiated consent (fraud, intimidation, undue influence, mistake).
Unconscionability or public-policy violations (e.g., clauses waiving support).
Ambiguities (courts default to the Family Code rules).

Good practices: full asset/liability disclosure, clear schedules, and balanced terms negotiated with independent counsel for each fiancé.

9) Can you change your property regime after marriage?

Not by private agreement. Philippine law fixes the regime at the moment of marriage. A judicial decree can order separation of property in limited cases (e.g., mismanagement, abandonment, loss of parental authority, legal separation proceedings), with liquidation of the prior regime following statutory rules.

10) Drafting roadmap (what a solid prenup looks like)

Title (Marriage Settlements of A & B).
Parties & recitals (capacity to marry; intent; effectivity conditioned on the celebration of marriage).
Choice of property regime (ACP/CPG/CSP/hybrid) with definitions.
Schedules of exclusive assets and debts (Annexes).
Income, fruits, accessions—who owns what.
Management & consent rules (signing thresholds; who manages which assets/businesses).
Debt allocation and liability to third persons (with caveat that stipulations can’t prejudice creditors absent registration).
Gifts propter nuptias (if any) with proper donation/acceptance clauses.
Insurance, pensions, and securities (beneficiary designations; survivorship).
Dispute resolution (mediation/venue; choice of law).
Registration clause (commitment to file with LCR/registries; cooperation language).
Severability and no-waiver clauses.
Effectivity (“effective upon celebration of marriage; void if no marriage occurs”).
Signature blocks + Notarial Acknowledgment (Philippine form or consular).

11) Step-by-step: from drafting to registration

Plan & disclose: Exchange asset/liability lists; each fiancé consults counsel.
Draft: Keep terms clear; attach schedules and any donation propter nuptias.
Review & sign: Finalize and personally appear before a notary (or PH consulate).
Marry. (The prenup’s effect is conditioned on the wedding.)
Register:
- LCR where the marriage certificate is or will be recorded (file certified copy; pay fees; secure proof/annotation).
- Register of Deeds for each titled property (annotation on TCT/CCT; keep certified copies of annotated titles).
- Other registries if relevant (LTO for vehicles, etc.).
Use it: For future acquisitions, present the prenup when titling/opening accounts so the correct regime appears on public records.

12) FAQs

Q: Is notarization strictly required for validity? For a prenup that works (i.e., carries evidentiary weight and is registrable to affect third persons), yes—have it notarized. An unnotarized private writing invites challenges and won’t be accepted for registration.

Q: What if we signed after the wedding? It won’t operate as a valid prenup. Changing regimes post-wedding generally requires a court case and legal grounds.

Q: We’re marrying abroad. Will a prenup made overseas be recognized? Yes, if it complies with the form of either Philippine law or the place of execution, and you Apostille/consularize and translate it as needed—then register it with the Philippine LCR/registries relevant to assets in the Philippines.

Q: Do we need witnesses? Not required for a standard acknowledgment before a notary (unlike a notarial will), though some notaries prefer witnesses for caution.

Q: Can we make our own template? You can, but mistakes are costly (e.g., void clauses, missed registration, land-ownership traps for foreign spouses). At least have a lawyer review your draft.

13) Practical checklists

Document checklist for notarization

Government IDs of both fiancés
Final prenup + annexes (asset/debt schedules; donation instruments, if any)
If signing abroad: Apostille/consular plan; sworn translation if needed
If a fiancé is 18–20: evidence of parental consent to marry

Registration checklist

Certified copy of marriage certificate (or details for concurrent filing)
Notarized prenup (and sworn translation/Apostille, if applicable)
LCR filing fee; receive proof/annotation
Register of Deeds: owner’s duplicate titles for annotation; fees; certified copies post-annotation
Other registries as relevant (LTO, etc.)

Final tips

Keep certified copies of the notarized and registered prenup and all annotations.
Present the prenup whenever acquiring or titling assets, opening accounts, or borrowing.
Revisit only if court-ordered changes become necessary (don’t “amend” privately after the wedding).

If you’d like, I can turn this into a fill-in-the-blanks prenup skeleton and a one-page checklist you can print and bring to the notary.