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Post Prenuptial Agreement

Post Prenuptial Agreement Template for Philippines

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Key Requirements PROMPT example:

Post Prenuptial Agreement

"I need a Post Prenuptial Agreement to protect my newly established tech startup and future business ventures, while ensuring my spouse retains rights to our existing conjugal properties acquired before January 2025."

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Document background
The Post Prenuptial Agreement is a crucial legal instrument in the Philippines that enables married couples to modify their property relations after marriage. This document becomes necessary when spouses wish to alter their default property regime, protect individual assets, clarify financial responsibilities, or address changes in their economic circumstances. Unlike many other jurisdictions, Philippine law requires judicial approval for such agreements to be valid, making it essential to draft them with careful attention to local legal requirements. The agreement typically covers detailed inventories of separate and conjugal properties, future property rights, debt obligations, and management provisions. It must be executed with proper formalities, including notarization and registration, to ensure enforceability. This type of agreement is particularly relevant for couples experiencing significant changes in their financial situation, receiving substantial inheritances, or starting new business ventures after marriage.
Suggested Sections

1. Parties: Identification of both spouses, including their full legal names, current addresses, and marital status

2. Background: Details of the marriage, including date and place of celebration, current living situation, and reason for executing a post prenuptial agreement

3. Definitions: Definitions of key terms used throughout the agreement, including types of property, income, and other relevant terminology

4. Purpose and Intent: Clear statement of the parties' intentions in entering into this agreement and acknowledgment of its binding nature

5. Existing Property Classification: Detailed inventory and classification of all existing properties as either conjugal, common, or separate property

6. Future Property Rights: Provisions regarding the classification and division of future acquired properties

7. Debts and Liabilities: Allocation of responsibility for existing and future debts and liabilities

8. Income and Earnings: Treatment of income, wages, and earnings during the marriage

9. Management of Properties: Provisions regarding the administration and management of properties

10. Taxes: Allocation of tax obligations and responsibilities

11. Representations and Warranties: Statements confirming the parties' capacity, understanding, and voluntary execution of the agreement

12. Registration and Effectivity: Provisions regarding the registration of the agreement and when it becomes effective

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

14. Execution: Formal execution clause, including space for signatures, witnesses, and notarization

Optional Sections

1. Business Interests: Specific provisions regarding existing or future business interests, used when either spouse owns or may acquire business interests

2. Inheritance and Gifts: Special provisions for inherited property or gifts, used when substantial inheritance or gifts are expected

3. Support Obligations: Provisions regarding spousal support or maintenance, used when parties wish to modify default legal obligations

4. Insurance Policies: Provisions regarding life, health, or other insurance policies, used when significant insurance assets exist

5. Intellectual Property Rights: Provisions regarding intellectual property ownership and rights, used when either party has significant IP assets

6. Foreign Assets: Special provisions for assets located outside the Philippines, used when parties have international properties

7. Amendment Procedure: Process for future modifications to the agreement, used when parties want flexibility for future changes

8. Dispute Resolution: Alternative dispute resolution procedures, used when parties wish to specify conflict resolution methods

Suggested Schedules

1. Schedule A - Inventory of Husband's Separate Property: Detailed list and documentation of all separate properties owned by the husband

2. Schedule B - Inventory of Wife's Separate Property: Detailed list and documentation of all separate properties owned by the wife

3. Schedule C - Inventory of Conjugal/Community Property: Detailed list and documentation of all conjugal or community properties

4. Schedule D - Outstanding Debts and Liabilities: Comprehensive list of all existing debts and liabilities

5. Schedule E - Business Assets and Interests: Detailed information about any business ownership and interests

6. Appendix 1 - Property Valuations: Professional valuations of significant assets mentioned in the agreement

7. Appendix 2 - Supporting Documents: Copies of relevant certificates, titles, and other supporting documentation

8. Appendix 3 - Financial Statements: Current financial statements of both parties

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
Conjugal Property
Separate Property
Common Property
Marriage
Effective Date
Execution Date
Property
Real Property
Personal Property
Income
Earnings
Fruits
Rents
Capital
Business Interests
Inheritance
Gifts
Debts
Liabilities
Encumbrances
Matrimonial Home
Judicial Approval
Registration
Administration
Management
Dissolution
Separation of Property
Professional Practice
Intellectual Property
Banking Accounts
Investment Accounts
Insurance Policies
Retirement Benefits
Pension Rights
Future Acquisition
Matrimonial Property Regime
Separate Estate
Clauses
Property Classification
Property Rights
Property Management
Property Division
Debt Allocation
Income Rights
Inheritance Rights
Business Ownership
Financial Obligations
Support Obligations
Tax Provisions
Insurance Provisions
Registration Requirements
Judicial Approval
Documentation
Disclosure
Representations and Warranties
Modification
Severability
Governing Law
Dispute Resolution
Termination
Force Majeure
Compliance
Notice
Assignment
Entire Agreement
Attestation
Voluntary Execution
Legal Capacity
Independent Legal Advice
Registration and Filing
Binding Effect
Waiver
Amendment
Relevant Industries

Legal Services

Family Law

Real Estate

Financial Services

Wealth Management

Property Management

Professional Services

Public Administration

Banking

Insurance

Relevant Teams

Legal

Corporate Affairs

Wealth Management

Property Services

Document Processing

Client Advisory

Compliance

Real Estate

Private Client Services

Financial Planning

Relevant Roles

Family Law Attorney

Legal Counsel

Notary Public

Property Lawyer

Wealth Manager

Financial Advisor

Estate Planner

Property Appraiser

Legal Document Specialist

Court Clerk

Civil Registry Officer

Paralegal

Corporate Lawyer

Tax Advisor

Real Estate Attorney

Industries
Family Code of the Philippines (Executive Order No. 209): Primary legislation governing marriage, family relations, and property relations between spouses. Particularly Articles 75-77 regarding marriage settlements and Articles 87-108 regarding property relations between spouses.
Civil Code of the Philippines (Republic Act No. 386): Provides general provisions on contracts, obligations, and property relations that apply to postnuptial agreements when not specifically covered by the Family Code.
Rules of Court of the Philippines: Provides procedural requirements for the judicial approval and registration of postnuptial agreements, particularly Rule 132 on the presentation of evidence.
Property Registration Decree (P.D. No. 1529): Governs the registration requirements for postnuptial agreements affecting real property rights and interests.
Anti-Violence Against Women and Their Children Act (Republic Act No. 9262): Must be considered to ensure the postnuptial agreement does not enable economic abuse or contain provisions that may be prejudicial to women's rights.
Local Civil Registry Law (Act No. 3753): Provides requirements for the registration of postnuptial agreements with the local civil registry.
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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