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Post Marriage Prenup

Post Marriage Prenup Template for Philippines

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Key Requirements PROMPT example:

Post Marriage Prenup

"I need a Post Marriage Prenup agreement under Philippine law for my spouse and me, to be executed by March 2025, primarily to protect our family business interests and establish clear succession planning for our multiple corporate holdings."

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Document background
A Post Marriage Prenup (postnuptial agreement) in the Philippines is utilized when married couples wish to modify their property relations after their marriage has been celebrated. This document becomes particularly relevant when spouses want to change their default property regime, protect family businesses, address inherited assets, or clarify financial responsibilities. The agreement must comply with the Family Code of the Philippines and related legislation, requiring proper execution, notarization, and potentially court approval. It typically includes detailed inventories of assets, specific provisions for property management, and rules for property division. The document is especially important for couples with substantial assets, business interests, or complex financial arrangements, providing legal clarity and protection for both parties' interests within the Philippine jurisdiction.
Suggested Sections

1. Parties: Identification of both spouses, including their full legal names, addresses, and marriage details

2. Background: Details of the existing marriage, date and place of celebration, and reasons for entering into this post-marriage agreement

3. Definitions: Key terms used throughout the agreement, including property classifications and other relevant terminology

4. Declaration of Marriage: Formal acknowledgment of the existing valid marriage between the parties

5. Purpose of Agreement: Clear statement of the intention to modify property relations and the desired property regime

6. Property Regime Election: Specific declaration of the property regime being adopted (e.g., complete separation of property, absolute community of property, etc.)

7. Classification of Properties: Detailed provisions on how existing and future properties will be classified and owned

8. Management of Properties: Rules for the administration and management of properties under the new regime

9. Debts and Liabilities: Provisions regarding responsibility for existing and future debts

10. Income and Earnings: Treatment of income, wages, and earnings during the marriage under the new regime

11. Dissolution Provisions: Rules for property division in case of legal separation, annulment, or death

12. Governing Law: Specification that the agreement is governed by Philippine law

13. Severability: Provision stating that if any part is invalid, the rest remains enforceable

14. Execution: Formal closing section for signatures, witnesses, and notarization

Optional Sections

1. Business Ownership: Specific provisions for handling business interests and corporate shares when one or both spouses own businesses

2. Inheritance and Gifts: Special provisions for inherited property or expected inheritances and treatment of gifts

3. Intellectual Property Rights: Provisions for handling intellectual property owned by either spouse

4. Real Estate Management: Specific provisions for handling real estate properties when significant real estate assets are involved

5. Foreign Assets: Special provisions for assets located outside the Philippines

6. Support Obligations: Additional provisions regarding spousal support or maintenance

7. Insurance Policies: Provisions regarding life insurance policies and beneficiary designations

8. Dispute Resolution: Alternative dispute resolution mechanisms for handling disagreements

9. Tax Provisions: Specific arrangements regarding tax obligations and responsibilities

Suggested Schedules

1. Schedule A - Separate Properties of First Party: Detailed inventory and valuation of properties owned by the first spouse prior to the agreement

2. Schedule B - Separate Properties of Second Party: Detailed inventory and valuation of properties owned by the second spouse prior to the agreement

3. Schedule C - Community Properties: List and valuation of properties considered as community property

4. Schedule D - Business Assets: Detailed listing of business interests, shares, and corporate assets

5. Schedule E - Real Estate Properties: Comprehensive list of real estate properties with titles and valuations

6. Schedule F - Debts and Liabilities: Detailed list of existing debts and liabilities of both parties

7. Appendix 1 - Marriage Certificate: Copy of the marriage certificate

8. Appendix 2 - Property Documents: Copies of relevant property titles and documentation

9. Appendix 3 - Asset Valuations: Professional valuations of significant assets

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Absolute Community of Property
Conjugal Partnership of Gains
Complete Separation of Property
Common Property
Separate Property
Marriage
Parties
First Party
Second Party
Property Regime
Capital
Income
Fruits
Earnings
Business Assets
Family Home
Inheritance
Exclusive Property
Community Assets
Conjugal Assets
Paraphernal Property
Capital Gains
Ordinary Gains
Matrimonial Property
Dissolution
Legal Separation
Effective Date
Execution Date
Governing Law
Force Majeure
Material Change
Net Worth
Liabilities
Encumbrances
Professional Practice
Intellectual Property
Marital Debts
Personal Debts
Financial Obligations
Court Approval
Clauses
Identification of Parties
Recitals
Definitions
Property Classification
Asset Declaration
Property Management
Income and Earnings
Debt Allocation
Business Interests
Property Division
Inheritance Rights
Gift Treatment
Support Obligations
Tax Responsibilities
Disclosure Requirements
Amendment Provisions
Termination
Severability
Governing Law
Dispute Resolution
Court Approval
Representations and Warranties
Execution Requirements
Notice Provisions
Force Majeure
Compliance with Law
Registration Requirements
Legal Capacity
Voluntary Execution
Interpretation
Entire Agreement
Binding Effect
Survival
Waiver
Counterparts
Relevant Industries

Legal Services

Family Law

Real Estate

Wealth Management

Private Banking

Financial Services

Professional Services

Business Consultancy

Property Management

Estate Planning

Relevant Teams

Legal

Wealth Management

Private Banking

Document Processing

Family Law Practice

Estate Planning

Corporate Advisory

Notarial Services

Property Services

Client Relations

Relevant Roles

Family Law Attorney

Legal Counsel

Notary Public

Wealth Manager

Financial Advisor

Estate Planner

Property Lawyer

Corporate Lawyer

Private Banker

Business Consultant

Property Valuator

Family Office Manager

Legal Document Specialist

Paralegal

Court Clerk

Family Law Mediator

Industries
Family Code of the Philippines (Executive Order No. 209): Primary legislation governing marriage, property relations between spouses, and the validity of prenuptial/postnuptial agreements. Particularly Articles 74-126 on Property Relations between Husband and Wife.
Civil Code of the Philippines (Republic Act No. 386): Supplementary legislation containing provisions on contracts, obligations, and property relations that may affect postnuptial agreements, especially where the Family Code is silent.
1987 Constitution of the Philippines: Article XV (The Family) provides the constitutional foundation for family law and marriage in the Philippines, establishing marriage as an inviolable social institution.
Rules of Court: Procedural rules that govern the judicial approval and authentication of postnuptial agreements, particularly relevant for enforcement.
Jurisprudence on Post-Marriage Agreements: Supreme Court decisions establishing precedents on the validity, interpretation, and enforcement of postnuptial agreements in the Philippines.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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