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March 29, 2012

Registration of Prenuptial Agreements in the Philippines

March 29, 2012 By Admin Leave a Comment

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A prenuptial agreement in the Philippines is required to be signed by the contracting partiesandatleasttwowitnessesoflegalagepriortothecelebrationofmarriage. As provided in Article 77 of the Family Code, The marriage settlement and any modification thereof shallbeinwriting,signedbythepartiesandexecutedbeforethecelebrationofthemarriage.They shall not prejudice third persons unless they are registered in the local civil registry where the marriage contract is recorded as well as in the proper registries of property. A reading of the above provision will reveal that while registration of the prenup is not required for its validity, registration is made an additional requirement if the contracting parties wish to bind third partiestotheprovisionsoftheagreement.Thirdpartiesmaymeanthepartiesfamily members and even creditors who may enter into contracts with them. If the prenuptial agreement is recorded at the proper registries, the creditors will be afforded the opportunitytodiscoverwhatpropertyregimeappliestothespouses.Thisinformationmaybeused by the creditors should a debt collection case ensue and the spouses be named as respondents in thecase.Theprenupmaydeterminewhetheroneorbothspousescanbemadeliabletothe creditor for the unpaid obligations. Registration of s prenuptial agreement in the Philippines is done at the Civil Registry of the City or Municipalitywhichissuedthemarriagelicense.Beforeregistrationiscaused,theprenupisbrought beforeaNotaryPublicfornotarization.Afternotarization,theprocedurefortheregistrationofthe prenup will be as follows: 1. Submission of the necessary documents for evaluation; 2. Review and approval of the documents by the City Civil Registrar; 3. Payment of fees at the Office of the City Treasurer; 4. Registration of the agreement; 5. Issuance of a Certified True Copy of the agreement; 6. Attachment of the Certified True Copy to the Marriage Certificate.
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