I. Governing Law: Philippine Law Mandatorily Applies When At Least One Spouse Is Filipino

Article 80 of the Family Code of the Philippines unequivocally provides:

“In the absence of a contrary stipulation in a marriage settlement, the property relations of the spouses shall be governed by Philippine laws, regardless of the place of the celebration of the marriage and their residence.”

This rule applies precisely to the situation of a Filipino citizen marrying a foreigner abroad. Because one spouse is a Filipino citizen, Philippine law governs the property relations even if:

the marriage is celebrated abroad,
both spouses reside abroad permanently,
all properties are located abroad,
the foreign spouse’s national law claims to govern the matrimonial property regime.

The only cases where Philippine law does not apply are (1) when both spouses are aliens, or (2) certain extrinsic validity issues concerning foreign-situs property.

Therefore, even if the marriage is celebrated in France, Canada, the U.S., or any country with mandatory community of property or forced heirship rules, Philippine law will still govern the property relations between the spouses for as long as the Filipino spouse remains a citizen of the Philippines.

II. Default Property Regime When There Is No Prenuptial Agreement

In the absence of a valid marriage settlement (prenuptial agreement), the default regime under Philippine law for marriages celebrated on or after August 3, 1988 is the Absolute Community of Property (ACP) (Articles 75, 88–90, Family Code).

Under ACP:

All properties owned by each spouse at the time of the marriage become community property.
All properties acquired during the marriage (by whatever means except gratuitous title) are community property.
Each spouse becomes a 50% co-owner of everything.

This regime is, however, fundamentally incompatible with the 1987 Constitution when one spouse is an alien.

Article XII, Section 7 of the Constitution prohibits aliens from acquiring or owning private lands in the Philippines (except through hereditary succession). An alien co-owning Philippine real property through absolute community violates this prohibition from the moment the marriage is celebrated if the Filipino spouse already owns land, or from the moment land is acquired during the marriage.

The Supreme Court has not issued a categorical ruling declaring ACP automatically void in all mixed marriages, but the practical and prevailing interpretation among Philippine courts, the Land Registration Authority, and the Register of Deeds is that absolute community is constitutionally impossible when one spouse is an alien and Philippine real property is involved or may be acquired.

Consequently, in the absence of a prenuptial agreement, the regime that effectively applies in practice is Complete Separation of Property, either:

by implied judicial declaration (the community regime being void ab initio insofar as it violates the Constitution), or
by administrative practice of registries that will refuse to register titles in the name of the alien spouse or in common.

Many family law practitioners and notaries public take the conservative position that, without a prenup, the marriage operates under separation of property for all Philippine-situs assets and for purposes of Philippine succession.

III. Why a Prenuptial Agreement Is Practically Mandatory in Filipino-Foreigner Marriages

Given the constitutional impediment to community regimes, a prenuptial agreement is not merely advisable — it is practically indispensable for the following reasons:

Certainty and Enforceability – Without a prenup, third parties (banks, land registries, tax authorities, courts abroad) will be confused about the applicable regime.
Protection of Philippine Real Property – A prenup declaring complete separation of property prevents any accidental co-ownership by the alien spouse.
Protection of the Foreign Spouse’s Assets – Many foreigners come from community-property jurisdictions (California, France, Spain, etc.). A prenup prevents Philippine ACP from automatically applying and potentially making the Filipino spouse a 50% owner of foreign assets.
Avoidance of Future Litigation – In case of death or divorce, the absence of a prenup almost guarantees expensive litigation in multiple jurisdictions.
Facilitation of Immigration – Some countries (Australia, Canada, U.S.) require proof of the matrimonial property regime for spousal sponsorship or asset disclosure. A clear prenup satisfies immigration authorities.
Succession Planning – The prenup can include waivers of rights under the foreign spouse’s forced heirship laws (e.g., France, Germany, Muslim countries) or Philippine compulsory heirship.

IV. Requisites for a Valid Prenuptial Agreement Involving a Filipino Spouse

The prenuptial agreement must comply with Philippine substantive and formal requirements to be fully enforceable in the Philippines:

Executed BEFORE the celebration of marriage (Article 77, Family Code). An agreement executed after the wedding is a post-nuptial agreement and is void under Philippine law.
In writing and signed by both parties (Article 74).
If executed in the Philippines – must be notarized and, if real property is involved, annotated on the titles.
If executed abroad – must be:
- executed before a Philippine consular officer (recommended), or
- notarized/localized according to the laws of the place of execution and then authenticated by the Philippine consulate/embassy (apostille if the country is a Hague Apostille Convention member).
Language – Preferably bilingual (English + language understood by both parties). The Filipino spouse must fully understand the contents; otherwise, the agreement may be annulled for vitiated consent.
Full disclosure – Both parties must disclose all assets and liabilities. Failure to disclose material assets can be grounds for annulment of the agreement.
No violation of law, morals, or public policy – Provisions that completely disinherit legitimate children or that are grossly unfair may be struck down.

V. Recommended Property Regime in the Prenup: Complete Separation of Property

The overwhelming majority of Filipino-foreigner prenuptial agreements adopt Complete Separation of Property (Articles 143–146, Family Code), with optional additional clauses:

Standard clauses in such prenups:

Each spouse remains exclusive owner of all properties brought into the marriage and all properties acquired during the marriage (by onerous or gratuitous title, income, fruits, etc.).
No reimbursement claims between separate estates except as expressly agreed (e.g., contributions to acquisition of the other’s property).
Each spouse is solely responsible for his/her own debts, whether contracted before or during the marriage.
In case of death, the surviving spouse has no claim over the deceased spouse’s separate estate except as legatee or by will.
Optional: Partial community for certain assets (e.g., joint bank accounts, retirement benefits acquired during marriage) or equitable distribution clause upon divorce abroad.

Some couples opt for Conjugal Partnership of Gains with a special clause stating that all Philippine real property shall remain the exclusive property of the Filipino spouse. This is acceptable but less clean than complete separation.

VI. Registration Requirements in the Philippines

Even if the marriage is celebrated abroad, to ensure full effect in the Philippines:

The marriage must be reported to the Philippine Consulate within 30 days and then registered with the Philippine Statistics Authority (PSA, formerly NSO).
The prenuptial agreement should be submitted together with the Report of Marriage.
The prenup (or a certified copy) should be registered with the Local Civil Registrar of the place where the Filipino spouse is domiciled or with the Civil Registrar of Manila.
If Philippine real property is involved, the prenup must be annotated on the Transfer Certificates of Title (TCT/CCT) at the Register of Deeds. This is absolutely critical — without annotation, a buyer in good faith may acquire clean title free from the prenup.

VII. Effect of Foreign Divorce or Death

Foreign Divorce
If the foreign spouse obtains a valid foreign divorce and the Filipino spouse does not oppose, the Filipino may file a judicial recognition of foreign divorce in the Philippines (Article 26, Family Code, as amended by the 2024 Supreme Court guidelines). The property division will follow the prenup or, if none, Philippine separation of property rules.
Death of the Filipino Spouse
The alien surviving spouse may inherit Philippine land through hereditary succession (constitutional exception). However, if the regime was community, the alien would have been co-owner during the marriage — which is prohibited. A prenup declaring separation avoids this problem entirely.
Death of the Foreign Spouse
Philippine courts will apply Philippine successional rights to assets located in the Philippines unless a prenup waives them.

VIII. Practical Recommendations

Always execute a prenuptial agreement adopting complete separation of property.
Have the agreement drafted or at least reviewed by a Philippine family law specialist.
Execute the prenup before the Philippine consul if possible — this eliminates authentication issues.
Register the marriage and prenup immediately with the PSA and the appropriate Local Civil Registrar.
Annotate the prenup on all Philippine land titles.
If the couple intends to live permanently abroad and the Filipino will eventually naturalize as a foreign citizen, consider executing a new post-nuptial agreement (valid under the new nationality) after naturalization.

In conclusion, while Philippine law allows Filipinos marrying foreigners abroad to rely on the default rules, doing so is extremely risky and almost always leads to legal complications. A well-drafted, properly executed, and duly registered prenuptial agreement adopting complete separation of property is the only safe, clean, and universally accepted solution under Philippine law.