Prenuptial Agreement (Marriage Settlement) Requirements and Validity in the Philippines Everything you need to know, distilled into one reference

1. Legal Foundations

Source	Key Provisions
Family Code of the Philippines (Exec. Order 209, as amended)	Arts. 74-77 (marriage settlements); Arts. 134-137, 130-142 (property regimes); Art. 87 (donations between spouses); Art. 84 (donations propter nuptias)
Civil Code (for marriages celebrated before 3 Aug 1988)	Arts. 108-133 (conjugal partnership)
Rules on Notarial Practice (2004)	Form & acknowledgment requirements
Local Civil Registry Law (Act 3753)	Recording of instruments affecting civil status
Property Registration Decree (PD 1529)	Annotation on Torrens titles
Relevant jurisprudence	Budlong v. Bondoc (G.R. 200335, 15 Jun 2023) – registration vs. third persons • Heirs of Mijares v. CA (G.R. 119071, 12 Oct 1999) – effect even if unrecorded • Sps. Abalos v. Heirs of Gomez (G.R. 158989, 20 Jun 2005) – choice of regime

2. What a Prenuptial Agreement Is – and Why It Matters

The Family Code calls a prenup a “marriage settlement.” It is any contract executed by the future spouses, before the celebration of their marriage, fixing their property relations (Art. 74). Without one, couples married on or after 3 Aug 1988 automatically fall under the absolute community of property (ACP) regime; those married earlier are generally under the conjugal partnership of gains (CPG).

A valid prenup allows couples to:

Choose complete separation of property;
Adopt partial separation (e.g., keep premarital assets separate but share future acquisitions);
Stipulate conjugal partnership even if they marry after 1988;
Allocate management powers, profit-sharing, liability for debts, etc.;
Protect family businesses or heirs from forced co-ownership.

3. Requisites for Intrinsic Validity

Capacity & Consent – Each fiancé must have legal capacity to marry and must voluntarily agree. Undue influence or vitiated consent (Art. 1390 Civil Code) can void the contract.
Lawful Cause & Object – Terms must not contravene the Constitution, laws, morals, good customs, public order, or public policy (Art. 1306 Civil Code).
Permissible Stipulations – Parties cannot:
- waive future legitimes of compulsory heirs;
- renounce mutual support during marriage;
- predetermine custody of future children;
- enable donations between spouses that violate Art. 87 (only moderate gifts on family occasions are allowed once married).

4. Requisites for Formal Validity

Step	Family Code Rule	Practical Notes
A. Execution	Must be in a public instrument (i.e., notarized deed) and signed by the parties in the presence of at least two witnesses (Art. 75).	Some notaries require government IDs, prenup briefing, and affidavit of co-mpliance.
B. Timing	Must be *signed before* the marriage**; otherwise the default property regime applies (Art. 77).	Typically executed weeks – months before the wedding; same day is allowed but risky.
C. Recording	• Register in the Local Civil Registry (LCR) of the place where the marriage contract will be recorded; and, if real property is affected, annotate on the certificates of title at the Registry of Deeds (Art. 77, PD 1529).	• LCR recording is constitutive as to third persons but not between the spouses: even an unrecorded prenup binds them personally. • Pay minimal filing fees; bring three original copies.
D. Effectivity	Becomes effective upon celebration of the marriage (Art. 77 ¶2). If the wedding does not occur, the prenup has no force and any donation propter nuptias is automatically revoked (Art. 84).	Confirm recording with an LCR-stamped copy attached to the marriage certificate.

Tip: If property titles are scattered nationwide, a memorandum of marriage settlement may be recorded in each relevant Registry of Deeds to protect against later buyers or creditors.

5. Amendments After Marriage

Art. 77, Family Code permits modification after the wedding, but it:

Must observe the same formalities (public instrument, witnesses, notarization);
Requires being recorded in the LCR and relevant Registries of Deeds;
Cannot prejudice vested rights of creditors or third parties who relied on an earlier registered regime; and
Takes effect only upon recording, not retroactively.

A court order is not mandatory unless the amendment itself affects minor children, guardianship, or other matters needing judicial approval.

6. Interaction with Philippine Property Regimes

Property Regime	Default Coverage	How a Prenup Can Modify
Absolute Community of Property (ACP)	All present & future property of spouses, except those under Arts. 92-93.	Swap to separation; exclude identified assets (e.g., inherited beach house) from the community; designate one spouse as sole administrator.
Conjugal Partnership of Gains (CPG)	Present separate properties stay separate; net gains during marriage become conjugal.	Couples marrying after 1988 may opt for CPG via prenup; may redefine “net gains.”
Complete Separation of Property	Each spouse owns, manages, and encumbers his/her property (Art. 145).	The most common prenup choice for entrepreneurs or second marriages.

7. Special Rules & Limitations

Donations propter nuptias (before the wedding) are distinct from the prenup but often incorporated; they must not exceed 1/5 of the donor’s present property unless expressly approved by compulsory heirs (Art. 84).
Foreign element – If one or both parties are non-Filipino:
- Philippine courts apply lex loci celebrationis (law of the place where the marriage is celebrated) and lex nationalii (law of nationality) for capacity and property, subject to Art. 26 (1) Family Code;
- A foreign prenup governing Philippine realty must still be recorded locally to affect third persons.
Bank deposits & shares – Annotate with banks/brokers via a Letter of Instruction referencing the prenup to avoid garnishment confusion.
Creditors’ rights – A recorded prenup can shield one spouse’s separate property from enforcement of the other’s personal obligations, but not from solidary debts that both signed.
Taxation – There is no documentary stamp tax on a prenup itself; however, subsequent real-property transfers or donations may trigger capital gains or donor’s tax.

8. Jurisprudence Quick-Look

Case	Gist
Heirs of Mijares v. CA (1999)	An unrecorded prenup is valid between spouses but not binding on creditors who relied on title records.
Spouses Abalos v. Heirs of Gomez (2005)	Parties may retroactively apply conjugal rules only if no vested rights are impaired and the prenup was properly executed.
Budlong v. Bondoc (2023)	A recorded prenup defeats a levy on execution against one spouse’s separate property; recording = constructive notice.
Calimlim v. Ramirez (G.R. 174590, 12 Apr 2011)	Prenup clauses cannot waive future legitimes of children; such waiver is void.

9. Drafting & Filing Checklist

List all existing assets and debts; decide which stay separate or become common.
Choose administration rules (e.g., either spouse may mortgage separate property without the other’s consent).
Insert dispute-resolution clause (Philippine courts; optional mediation).
Attach schedules of real property with TCT numbers; motor vehicles; shares.
Obtain two disinterested witnesses; sign before a duly commissioned notary.
Record:
- LCR – Submit three originals + photocopies of IDs; pay ₱350-₱500 filing fee.
- Registry of Deeds – Annotate each affected TCT; fees ≈ ₱50-₱100 per parcel.
Keep certified true copies with the marriage certificate and estate planning files.

10. Frequently Asked Questions

Question	Short Answer
Can we sign after the wedding?	No. Any post-wedding contract altering property relations is merely an amendment under Art. 77 and cannot defeat third-party rights existing before its recording.
Must we disclose the prenup to our guests?	No. Only recording with the LCR and Registry of Deeds is mandatory.
Is notarization abroad okay?	Yes, if executed before a Philippine consul or under apostille; it must still be recorded locally.
Will a prenup help avoid estate tax?	Indirectly. Clear separation avoids co-mingling, easing asset tracing and possibly lowering estate tax by keeping inheritances separate.
Can we include infidelity penalties?	Such clauses are generally void for being contrary to public policy and because marital fidelity is a personal, non-property right.

11. Practical Take-Aways

Form is everything – A single missing witness or skipped recording can expose assets to unintended claims.
Think beyond property – Management powers, debt liability, business succession, and conflict-of-law issues are equally critical.
Update when life changes – Birth of children, migration, or a new enterprise may warrant a timely amendment (with full formalities).
Seek counsel – Drafting a robust marriage settlement requires harmonizing the Family Code, taxation rules, and estate-planning goals.

12. Conclusion

A properly crafted and registered prenuptial agreement (marriage settlement) gives Filipino couples the freedom to tailor their economic life together, protect family wealth, and prevent later disputes. Compliance with form, timing, registration, and substantive limits is non-negotiable. When done right, a prenup stands firm against creditors, unforeseen marital troubles, and even the passage of decades—an enduring testament to autonomy and foresight under Philippine law.

This article is for informational purposes only and does not constitute legal advice. For personalized guidance, consult a Philippine lawyer experienced in family and property law.