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Matrimonial Agreement

Matrimonial Agreement Template for Philippines

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Key Requirements PROMPT example:

Matrimonial Agreement

"I need a Matrimonial Agreement for a couple getting married in March 2025, where one party owns multiple businesses in Manila and wants to keep these as separate property while establishing a system for sharing future acquisitions."

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Document background
The Matrimonial Agreement serves as a crucial legal instrument in the Philippines for couples seeking to establish clear property relations and financial arrangements either before or during their marriage. This document is particularly relevant when parties wish to opt out of the default property regime under Philippine law or when they need to establish specific arrangements regarding pre-existing assets, inheritance, or business interests. It must comply with the Family Code of the Philippines and related legislation, requiring proper execution before a notary public and adherence to legal formalities. The agreement typically includes detailed provisions about property ownership, asset management, financial obligations, and future property acquisitions, while ensuring all terms align with Philippine law, public policy, and moral considerations. This document is especially important for couples with substantial assets, business interests, or complex financial situations.
Suggested Sections

1. Parties: Identification and details of both parties entering into the matrimonial agreement

2. Background: Context of the agreement, including the intended marriage date and purpose of the agreement

3. Definitions: Key terms used throughout the agreement defined for clarity and legal certainty

4. Property Relations: Chosen property regime (e.g., absolute community of property, conjugal partnership of gains, or complete separation of property)

5. Pre-marriage Assets: Declaration and treatment of assets owned by each party prior to marriage

6. Future Property Acquisitions: Agreement on how properties acquired during marriage will be treated

7. Management of Properties: Provisions on who will administer and manage various properties

8. Debts and Liabilities: Treatment of existing and future debts and financial obligations

9. Support and Maintenance: Provisions for mutual support and maintenance obligations

10. Termination: Circumstances under which the agreement may be terminated or modified

11. Governing Law: Explicit statement that the agreement is governed by Philippine law

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

13. Execution: Signature requirements and notarization provisions

Optional Sections

1. Business Interests: Provisions regarding existing or future business ownership and management, used when either party owns or plans to own a business

2. Inheritance and Gifts: Special provisions for inherited property or gifts, particularly relevant for couples expecting significant inheritances

3. Children's Provisions: Provisions regarding financial arrangements for existing or future children, used when relevant

4. Overseas Properties: Special provisions for properties located outside the Philippines, used when parties have foreign assets

5. Religious Requirements: Additional provisions to comply with religious requirements, if the couple wishes to incorporate religious elements

6. Professional Practice: Provisions regarding professional practices or licenses, used when either party is a professional practitioner

7. Intellectual Property: Provisions regarding intellectual property rights, used when either party has significant IP assets

Suggested Schedules

1. Schedule A - Pre-marriage Assets of First Party: Detailed inventory of all assets owned by the first party before marriage

2. Schedule B - Pre-marriage Assets of Second Party: Detailed inventory of all assets owned by the second party before marriage

3. Schedule C - Joint Assets: List of assets already jointly owned by both parties

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

5. Schedule E - Debts and Liabilities: Comprehensive list of existing debts and liabilities of both parties

6. Appendix 1 - Property Documents: Copies of relevant property titles and documentation

7. Appendix 2 - Financial Statements: Recent financial statements or declarations of both parties

Authors

Alex Denne

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

alex.den.21@genieai.co
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