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Post Marriage Prenup

Post Marriage Prenup Template for Philippines

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Key Requirements PROMPT example:

Post Marriage Prenup

"I need a Post Marriage Prenup agreement under Philippine law for my spouse and me, to be executed by March 2025, primarily to protect our family business interests and establish clear succession planning for our multiple corporate holdings."

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Document background
A Post Marriage Prenup (postnuptial agreement) in the Philippines is utilized when married couples wish to modify their property relations after their marriage has been celebrated. This document becomes particularly relevant when spouses want to change their default property regime, protect family businesses, address inherited assets, or clarify financial responsibilities. The agreement must comply with the Family Code of the Philippines and related legislation, requiring proper execution, notarization, and potentially court approval. It typically includes detailed inventories of assets, specific provisions for property management, and rules for property division. The document is especially important for couples with substantial assets, business interests, or complex financial arrangements, providing legal clarity and protection for both parties' interests within the Philippine jurisdiction.
Suggested Sections

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

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

3. Definitions: Key terms used throughout the agreement, including property classifications and other relevant terminology

4. Declaration of Marriage: Formal acknowledgment of the existing valid marriage between the parties

5. Purpose of Agreement: Clear statement of the intention to modify property relations and the desired property regime

6. Property Regime Election: Specific declaration of the property regime being adopted (e.g., complete separation of property, absolute community of property, etc.)

7. Classification of Properties: Detailed provisions on how existing and future properties will be classified and owned

8. Management of Properties: Rules for the administration and management of properties under the new regime

9. Debts and Liabilities: Provisions regarding responsibility for existing and future debts

10. Income and Earnings: Treatment of income, wages, and earnings during the marriage under the new regime

11. Dissolution Provisions: Rules for property division in case of legal separation, annulment, or death

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

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

14. Execution: Formal closing section for signatures, witnesses, and notarization

Optional Sections

1. Business Ownership: Specific provisions for handling business interests and corporate shares when one or both spouses own businesses

2. Inheritance and Gifts: Special provisions for inherited property or expected inheritances and treatment of gifts

3. Intellectual Property Rights: Provisions for handling intellectual property owned by either spouse

4. Real Estate Management: Specific provisions for handling real estate properties when significant real estate assets are involved

5. Foreign Assets: Special provisions for assets located outside the Philippines

6. Support Obligations: Additional provisions regarding spousal support or maintenance

7. Insurance Policies: Provisions regarding life insurance policies and beneficiary designations

8. Dispute Resolution: Alternative dispute resolution mechanisms for handling disagreements

9. Tax Provisions: Specific arrangements regarding tax obligations and responsibilities

Suggested Schedules

1. Schedule A - Separate Properties of First Party: Detailed inventory and valuation of properties owned by the first spouse prior to the agreement

2. Schedule B - Separate Properties of Second Party: Detailed inventory and valuation of properties owned by the second spouse prior to the agreement

3. Schedule C - Community Properties: List and valuation of properties considered as community property

4. Schedule D - Business Assets: Detailed listing of business interests, shares, and corporate assets

5. Schedule E - Real Estate Properties: Comprehensive list of real estate properties with titles and valuations

6. Schedule F - Debts and Liabilities: Detailed list of existing debts and liabilities of both parties

7. Appendix 1 - Marriage Certificate: Copy of the marriage certificate

8. Appendix 2 - Property Documents: Copies of relevant property titles and documentation

9. Appendix 3 - Asset Valuations: Professional valuations of significant assets

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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