What Is a Prenuptial Agreement?
A prenuptial agreement is a contract entered into by a couple before they marry, fixing how their property and finances will be owned and managed during the marriage. It is also known as a marriage settlement, an antenuptial agreement, or simply a prenup.
In the Philippines, the prenup is governed by Articles 74 to 81 of the Family Code (Executive Order No. 209, as amended), which formally calls it a "marriage settlement." It lets the future spouses choose the property regime that will govern them — instead of letting the default rule apply automatically.
Because it is a sworn public instrument that affects property rights, the agreement must be notarized and — to bind third persons such as creditors — recorded in the civil registry and the registries of property under Article 77.
Why Filipino Couples Use a Marriage Settlement
- Protecting a business or family property — keeping one spouse's enterprise or inherited assets separate
- Second marriages — preserving property for children from a prior marriage
- Couples with disparate assets or debts — shielding one spouse from the other's liabilities
- Foreign-spouse marriages — clarifying ownership where one party is not a Filipino citizen
- Professionals and entrepreneurs — keeping future earnings and practice income separate
The Three Property Regimes
- Complete Separation of Property (Arts. 143–146) — each spouse owns, administers, and disposes of their own property and earnings; debts are separate.
- Conjugal Partnership of Gains (Arts. 105–133) — each keeps property brought into the marriage, but the fruits, income, and gains acquired during the marriage are shared and divided upon dissolution.
- Absolute Community of Property (Arts. 88–104) — almost all property owned before and acquired during the marriage is owned in common, subject to limited exclusions. This is the default regime when no valid prenup exists.
Required Elements of a Valid Prenuptial Agreement
- Identities of the future spouses — full names, civil status, citizenship, and addresses
- Intent to marry — a recital that the parties intend to marry (and ideally when and where)
- Chosen property regime — clearly stating which of the three regimes governs
- Effectivity clause — the agreement takes effect only upon celebration of the marriage (Art. 81)
- Registration undertaking — to record the settlement to bind third persons (Art. 77)
- Voluntariness — both parties enter freely, with the chance to seek independent legal advice
- Acknowledgment — executed as a public instrument before a notary public
Free Prenuptial Agreement Template
Marriage Settlement
KNOW ALL MEN BY THESE PRESENTS:This Prenuptial Agreement (this "Agreement") is made and executed by and between:
Juan Dela Cruz, of legal age, single, Filipino, with residence at 123 Mabuhay Street, Barangay San Antonio, Quezon City, hereinafter referred to as the "FUTURE HUSBAND";
— and —
Maria Santos, of legal age, single, Filipino, with residence at 456 Mabini Street, Barangay Poblacion, Makati City, hereinafter referred to as the "FUTURE WIFE";
(collectively, the "Parties" or the "Future Spouses").
WITNESSETH:WHEREAS, the Parties intend to marry each other on or about December 20, 2026 at Quezon City;
WHEREAS, the Parties desire to fix, before the celebration of their marriage, the property regime governing their property relations as future spouses, pursuant to Articles 74 to 81 of the Family Code of the Philippines (Executive Order No. 209, as amended);
WHEREAS, the Parties enter into this Agreement freely, voluntarily, and with full knowledge of its nature, terms, and legal consequences;
NOW, THEREFORE, for and in consideration of the foregoing premises and of their forthcoming marriage, the Parties hereby agree and bind themselves as follows:
1. Property Regime
The property relations between the Parties as future spouses shall be governed by the regime of COMPLETE SEPARATION OF PROPERTY, in accordance with Articles 74 to 75 and Articles 143 to 146 of the Family Code of the Philippines (Executive Order No. 209, as amended).
2. Separate Ownership and Administration
Each Party shall retain exclusive ownership, possession, administration, enjoyment, and the right to dispose of his or her own separate property, whether owned at the time of the marriage or acquired thereafter, including all fruits and income thereof, free from any claim, interference, or right of the other Party.
3. Separate Earnings
All salaries, wages, professional fees, earnings, and the fruits — whether natural, industrial, or civil — of each Party's separate property shall belong exclusively to that Party.
4. Separate Debts and Obligations
Each Party shall be solely liable for his or her own debts and obligations, whether contracted before or during the marriage, and the separate property of one Party shall not be answerable for the debts or obligations of the other, except for liabilities incurred for the benefit of the family as may be allowed by law.
5. Family Expenses and Support
The Parties shall bear the family and household expenses and the support of the family in proportion to their respective incomes, and in case of insufficiency, in proportion to the current market value of their respective property. Their liability to creditors who supply the family with necessaries shall be solidary. (Article 146, Family Code of the Philippines.)
6. Effectivity
This Agreement shall take effect only upon the celebration of the Parties' marriage. Should the marriage not take place for any reason, this Agreement and all stipulations made herein in consideration of the marriage shall be void and of no effect, in accordance with Article 81 of the Family Code of the Philippines.
7. Registration
The Parties shall cause this Agreement to be recorded in the local civil registry where the marriage contract is registered, and in the proper registries of property, in order that the same may affect and bind third persons, in accordance with Article 77 of the Family Code of the Philippines.
8. Governing Law
This Agreement and the property relations of the Parties shall be governed by the laws of the Republic of the Philippines, particularly the Family Code, regardless of the place of the celebration of the marriage or of the residence of the Parties, in accordance with Article 80 of the Family Code.
9. Voluntariness and Independent Advice
The Parties warrant that they have read and fully understood this Agreement, have had the opportunity to seek independent legal advice, and are entering into this Agreement freely and voluntarily, without force, intimidation, fraud, undue influence, or misrepresentation, and with full knowledge of its nature, terms, and legal consequences.
10. Severability
Should any provision of this Agreement be declared invalid or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be deemed modified to the least extent necessary to render it valid and enforceable.
IN WITNESS WHEREOF, the Parties have hereunto set their hands this January 15, 2026 at Quezon City, Philippines.
BEFORE ME, a Notary Public for and in the above jurisdiction, personally appeared:
| Name | Competent Evidence of Identity |
|---|---|
| JUAN DELA CRUZ | Philippine Passport No. P1234567A |
| MARIA SANTOS | Philippine Passport No. P7654321B |
known to me and to me known to be the same persons who executed the foregoing Prenuptial Agreement, and they acknowledged to me that the same is their free and voluntary act and deed.
WITNESS MY HAND AND SEAL on the date and at the place first above written.
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Unlock & Generate — ₱199 or get All-Access — ₱999/30 daysHow to Draft a Prenuptial Agreement
- Decide on the property regime together. Discuss whether complete separation, conjugal partnership of gains, or absolute community fits your situation — ideally with independent legal advice for each party.
- Disclose your respective properties. Full and fair disclosure of assets and debts protects the agreement from later challenge. You may attach a schedule of property.
- State the intent and date of marriage. Recite that you intend to marry and, where possible, when and where.
- Execute it before the wedding. A marriage settlement signed after the marriage is void — sign and notarize while still engaged.
- Notarize as a public instrument. Both parties appear before a notary public with competent evidence of identity.
- Register it. Record the agreement in the local civil registry and the registries of property to bind third persons (Art. 77).
Prenuptial Agreement vs. the Default Regime
If a couple marries without a valid prenuptial agreement, the Family Code applies Absolute Community of Property by default (for marriages on or after 3 August 1988). A prenup is simply the couple's chance to opt out of that default and choose a regime that fits their circumstances. Without it, almost everything you own and acquire becomes common property automatically.