Prenuptial Agreement After Marriage Template for Philippines

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Key Requirements PROMPT example:

Prenuptial Agreement After Marriage

"I need a Prenuptial Agreement After Marriage for my situation in Manila, Philippines, where I own a successful technology business and want to ensure it remains my separate property, while my spouse and I have already accumulated significant common assets during our first year of marriage."

Document background
The Prenuptial Agreement After Marriage serves as a crucial legal instrument in the Philippines for married couples seeking to establish or modify their property relations after their wedding has taken place. This document becomes necessary when spouses wish to change their property regime, protect individual assets, clarify financial responsibilities, or address new circumstances that have arisen during their marriage. The agreement must strictly comply with the Filipino Family Code and Civil Code, requiring notarization, registration with the local civil registry, and independent legal counsel for both parties. It typically includes detailed inventories of separate and common properties, provisions for asset management, debt responsibilities, and arrangements for potential dissolution scenarios. The document's validity depends on proper execution, full financial disclosure, and absence of coercion, making professional legal guidance essential throughout the process.
Suggested Sections

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

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

3. Definitions: Clear definitions of key terms used throughout the agreement, including property classifications and financial terms

4. Property Regime Selection: Declaration of the chosen property regime (e.g., complete separation of property, absolute community of property, or conjugal partnership of gains)

5. Separate Property: Detailed provisions regarding properties that will remain separate for each spouse

6. Common Property: Provisions regarding jointly owned properties and how they will be managed

7. Management of Properties: Rules and procedures for managing both separate and common properties

8. Debts and Liabilities: Provisions regarding existing and future debts, and allocation of responsibility

9. Income and Earnings: Treatment of income, salaries, and business profits during the marriage

10. Dissolution Provisions: Property division arrangements in case of legal separation, annulment, or death

11. Legal Compliance: Statements ensuring compliance with Filipino law and required formalities

12. Modification Clause: Procedures for amending the agreement in the future

13. Governing Law: Specification that Philippine law governs the agreement

14. Execution: Formal execution requirements including notarization and witness provisions

Optional Sections

1. Business Interests: Provisions specifically dealing with business ownership and management, used when either spouse owns a business

2. Inheritance Rights: Special provisions regarding inherited or anticipated inherited property, used when significant inheritance is expected

3. Support Obligations: Provisions for spousal or family support, used when specific support arrangements are desired

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

5. Intellectual Property Rights: Provisions dealing with intellectual property ownership, used for spouses with significant IP assets

6. Foreign Assets: Special provisions for assets located outside the Philippines, used when international property exists

7. Children's Provisions: Provisions regarding children's education and inheritance, used when there are children from previous marriages

8. Religious Requirements: Additional provisions to comply with religious law, used for couples following specific religious traditions

Suggested Schedules

1. Schedule A - Inventory of Wife's Separate Property: Detailed list and values of all properties owned by the wife prior to the agreement

2. Schedule B - Inventory of Husband's Separate Property: Detailed list and values of all properties owned by the husband prior to the agreement

3. Schedule C - Inventory of Common Property: Detailed list and values of all jointly owned properties

4. Schedule D - Financial Disclosure: Current financial statements of both parties including assets, liabilities, and income

5. Schedule E - Business Valuations: Professional valuations of any business interests owned by either party

6. Schedule F - Debt Schedule: Detailed list of all existing debts and liabilities of both parties

7. Appendix 1 - Required Legal Notices: Mandatory notices and disclaimers required under Philippine law

8. Appendix 2 - Certificate of Independent Legal Advice: Certificates from lawyers confirming both parties received independent legal advice

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

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