A prenuptial agreement, formally known as a marriage settlement or antenuptial agreement under Philippine law, is a voluntary written contract executed by two persons who intend to marry. Its primary purpose is to establish the property relations that will govern their marriage, overriding the default regime provided by law. In the Philippines, where absolute divorce is not recognized (except for Muslim Filipinos under Presidential Decree No. 1083), a prenuptial agreement serves as one of the few mechanisms available to protect individual assets, clarify financial rights, and prevent future disputes over property.

The legal foundation is found in Articles 74 to 81 of the Family Code of the Philippines (Executive Order No. 209, as amended), which took effect on August 3, 1988, and replaced the relevant provisions of the Civil Code. Article 75 expressly allows future spouses to stipulate their property regime in a marriage settlement, provided the chosen regime is not contrary to law, morals, good customs, public order, or public policy.

Default Property Regime and Available Options

Absent a valid marriage settlement, the default regime is the Absolute Community of Property (ACP) under Article 75 and Articles 88 to 104. Under ACP, all properties owned by the spouses at the time of marriage, as well as those acquired thereafter, become community property, except for specific exclusions such as property acquired by gratuitous title (e.g., inheritance or donation) or those expressly excluded by law.

Future spouses may instead choose:

Conjugal Partnership of Gains (CPG) – Articles 105 to 130. Only properties acquired during the marriage through onerous title belong to the partnership; pre-marital properties remain separate.
Complete Separation of Property (CSP) – Articles 134 to 146. Each spouse retains full ownership, administration, and enjoyment of his or her own properties, both pre-marital and future acquisitions.
Any other regime, provided it is not prohibited (e.g., a hybrid regime combining elements of the above, as long as it remains equitable and lawful).

The marriage settlement may also include donations propter nuptias (donations in consideration of marriage) under Article 87, which must be made in the same instrument or in a separate public document.

Essential Requirements for Validity

For a prenuptial agreement to be valid and enforceable between the parties, the following requirements must be strictly observed:

Execution Before Marriage – The agreement must be signed and executed prior to the celebration of the marriage. Any agreement executed after the marriage is void as a marriage settlement (though spouses may later enter into a postnuptial agreement to change regimes under Article 135, subject to judicial approval in certain cases).
Written Form – Article 77 mandates that the marriage settlement “shall be in writing, signed by the parties.” While a private document signed by both is sufficient between the spouses, it is standard practice—and highly advisable—to execute it as a public document (notarized) to facilitate registration and proof.
Capacity and Consent – Both parties must have legal capacity to contract. If either party is between 18 and 21 years of age, the consent of parents or guardians is required (Article 78). If a party is incapacitated, judicial approval is necessary. The agreement must be free from vices of consent such as fraud, violence, intimidation, or undue influence.
Not Contrary to Law or Public Policy – The agreement cannot:
- Authorize divorce or legal separation (prohibited under Philippine law).
- Waive the right to support or the rights of future children.
- Stipulate on personal relations between spouses (e.g., frequency of marital relations, choice of residence beyond what the law allows).
- Contain immoral or illegal provisions (e.g., renunciation of inheritance rights that violates compulsory heir rules under the Civil Code).
- Prejudice third persons unless duly registered.
Registration – To bind third persons, the marriage settlement must be registered in:
- The Local Civil Registry where the marriage is celebrated.
- The Registry of Property (Registry of Deeds) where the properties are located. Registration is mandatory if the agreement affects real property or is intended to have erga omnes effect.

The marriage license application process requires submission of the marriage settlement to the Local Civil Registrar (if any exists). The solemnizing officer must also be furnished a copy.

Procedure for Executing a Prenuptial Agreement

Consultation and Inventory – Each party consults independent counsel. A complete inventory of assets and liabilities is prepared, including proof of ownership (titles, bank statements, etc.). Full disclosure is critical; non-disclosure may render the agreement annullable.
Drafting – A lawyer drafts the document, specifying the chosen regime, listing excluded properties, detailing donations propter nuptias (if any), and including provisions for administration, liquidation upon dissolution, and dispute resolution.
Review and Negotiation – Both parties and their respective lawyers review and negotiate terms.
Signing and Notarization – The document is signed in the presence of the notary public and at least two witnesses. Notarization converts it into a public document, making it self-authenticating.
Registration – Copies are filed with the appropriate registries before or simultaneously with the marriage license issuance.
Marriage – The agreement takes effect upon the celebration of the marriage.

Special Considerations

Mixed Marriages – If one party is a foreigner, the agreement must comply with both Philippine law and the national law of the alien spouse (Article 26, Family Code, in relation to the doctrine of lex loci celebrationis and lex patriae). Foreign prenups are generally recognized if valid under the foreign spouse’s law and not contrary to Philippine public policy. Registration in the Philippine Foreign Service Post or Local Civil Registry is required.
Muslim Filipinos – Governed by the Code of Muslim Personal Laws, which allows more flexible stipulations consistent with Islamic law.
Amendment or Revocation – After marriage, the regime may be changed only for valid reasons and with judicial approval (Article 135). Unilateral revocation is not permitted.
Dissolution – Upon legal separation, annulment, or death, the agreed regime governs liquidation. In case of nullity of marriage, properties are returned based on the regime chosen.

Estimated Costs (as of 2025–2026)

Costs vary significantly depending on location (Metro Manila is more expensive), complexity of assets, number of properties, involvement of foreign elements, and the lawyer’s seniority. The following are realistic ranges based on prevailing market rates among reputable law firms and notaries in the Philippines:

Legal Consultation and Drafting Fees
Simple prenup (no real estate, few assets): ₱8,000 – ₱20,000
Standard prenup (with real estate or moderate assets): ₱25,000 – ₱50,000
Complex prenup (multiple properties, businesses, foreign assets, or mixed marriage): ₱60,000 – ₱150,000+
Notarization Fee
₱500 – ₱2,500 (depending on notary and number of pages)
Registration Fees
Local Civil Registry: ₱100 – ₱300
Registry of Deeds (per property or per document): ₱200 – ₱1,000 per entry, plus documentary stamp tax if donations are involved (₱15 per ₱1,000 of value, but donations propter nuptias enjoy certain exemptions)
Additional Costs
- Separate counsel for each party (recommended): ₱10,000 – ₱30,000 per party
- Translation (if foreign language involved): ₱5,000 – ₱15,000
- Courier or expedited processing: ₱1,000 – ₱3,000
- Donor’s tax on donations propter nuptias (if value exceeds exemptions): 6% on net gift (but first ₱250,000 is exempt; inter-spousal donations have special rules)

Total estimated cost for a typical prenuptial agreement for a middle-class couple with a house and savings: ₱30,000 – ₱70,000. High-net-worth individuals with extensive assets should budget ₱100,000 – ₱250,000.

Lawyers in provincial cities or smaller firms often charge 30–50% less than those in Makati or BGC. Many firms offer fixed packages that include drafting, notarization, and registration assistance.

Practical Importance

A properly executed prenuptial agreement protects pre-marital assets (e.g., family inheritance, business interests), clarifies debt responsibility, and provides certainty in the event of marital dissolution. It is particularly advisable for entrepreneurs, individuals with significant inherited property, those entering second marriages, or couples with disparate financial backgrounds. Philippine courts strictly enforce valid marriage settlements, as affirmed in numerous Supreme Court decisions emphasizing freedom of contract in property relations.

In summary, while the process requires careful legal guidance to meet all formal and substantive requirements, a prenuptial agreement remains a straightforward, cost-effective tool for prospective spouses to safeguard their financial future under Philippine law.