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Simple Prenuptial Agreement

Simple Prenuptial Agreement Template for Philippines

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Key Requirements PROMPT example:

Simple Prenuptial Agreement

"I need a Simple Prenuptial Agreement for my upcoming marriage in March 2025, specifically to protect my family's agricultural business in Cebu and ensure it remains separate property, while still providing fair terms for shared assets acquired during marriage."

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Document background
A Simple Prenuptial Agreement is a vital legal document used in the Philippines by couples planning to marry who wish to establish clear property relations before their marriage. This document is particularly relevant when one or both parties bring significant assets to the marriage, own businesses, or want to protect inherited or family wealth. Governed by the Family Code of the Philippines, the agreement must be executed before marriage and notarized to be valid. It typically includes provisions for separate and community property, management of assets, division of income and earnings, and handling of debts and liabilities. The document must comply with Philippine law requirements and cannot include provisions that violate law, morals, good customs, public order, or public policy.
Suggested Sections

1. Parties: Identifies and provides full details of the prospective spouses entering into the agreement

2. Background: States the intention of the parties to marry and their desire to establish property arrangements before marriage

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

4. Effective Date and Duration: Specifies when the agreement takes effect (upon marriage) and its duration

5. Separate Property: Details what constitutes separate property of each spouse and how it will be managed

6. Community Property: Specifies what will be considered community property and how it will be managed

7. Income and Earnings: Establishes how income and earnings during marriage will be characterized and managed

8. Debts and Liabilities: Addresses responsibility for existing and future debts

9. Property Management: Sets forth how both separate and community property will be managed during marriage

10. Dissolution Provisions: Outlines property division in case of marriage dissolution

11. Governing Law: Specifies that Philippine law governs the agreement

12. Execution: Formal execution clause, including notarization requirements

Optional Sections

1. Business Interests: Addresses management and ownership of business interests when one or both parties own businesses

2. Inheritance and Gifts: Special provisions for inherited property or gifts received during marriage

3. Real Estate: Specific provisions for real estate ownership and management when significant real estate assets are involved

4. Intellectual Property: Provisions for intellectual property rights when one or both parties have significant IP assets

5. Support Obligations: Optional provisions regarding spousal support

6. Death Provisions: Additional provisions regarding property division upon death

7. Amendment Procedure: Process for amending the agreement during marriage

8. Dispute Resolution: Alternative dispute resolution procedures

Suggested Schedules

1. Schedule A - Separate Property of First Party: Detailed inventory of first party's pre-marriage assets and property

2. Schedule B - Separate Property of Second Party: Detailed inventory of second party's pre-marriage assets and property

3. Schedule C - Existing Debts and Liabilities: List of each party's pre-existing debts and obligations

4. Schedule D - Business Assets: Detailed description of any business interests owned by either party

5. Schedule E - Real Estate Holdings: Details of any real estate owned by either party

6. Schedule F - Bank Accounts and Investments: List of financial accounts and investments 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
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Legal Services

Financial Services

Wealth Management

Family Business

Real Estate

Professional Services

Private Banking

Business Consulting

Relevant Teams

Legal

Corporate Law

Family Law

Document Processing

Wealth Management

Private Banking

Estate Planning

Business Advisory

Client Relations

Relevant Roles

Lawyer

Legal Counsel

Family Law Attorney

Notary Public

Wealth Manager

Financial Advisor

Estate Planner

Business Consultant

Private Banking Manager

Family Business Advisor

Legal Document Specialist

Paralegal

Corporate Counsel

Industries
Family Code of the Philippines (Executive Order No. 209): Primary legislation governing marriage, family relations, and property relations between spouses. Articles 75-77 specifically deal with marriage settlements and prenuptial agreements.
Civil Code of the Philippines (Republic Act No. 386): Provides general provisions on contracts, obligations, and property relations that apply to prenuptial agreements when not specifically covered by the Family Code.
1987 Philippine Constitution, Article XV: Contains fundamental principles about marriage and family life, establishing marriage as an inviolable social institution and the foundation of the family.
Judiciary Reorganization Act of 1980 (Batas Pambansa Blg. 129): Establishes jurisdiction of courts in family law matters, including disputes arising from prenuptial agreements.
Rules of Court: Provides procedural rules for the enforcement and interpretation of prenuptial agreements in case of disputes.
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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