EXTREMELY IMPORTANT LEGAL DISCLAIMER

This is a simplified, illustrative example ONLY. It is NOT a legal template and should NOT be copied or used for your actual prenuptial agreement. You MUST consult with a qualified and independent lawyer in the Philippines to draft a legally enforceable agreement tailored to your specific situation.

MARRIAGE SETTLEMENT AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Marriage Settlement Agreement (the “Agreement”) is entered into this ______ day of ___________, 20__, in the city of ______________, Philippines, by and between:

JOHN MICHAEL SMITH, of legal age, an American citizen, single, and with residence at [Address in Home Country and/or Philippines], hereinafter referred to as the “Future Husband”;

– and –

MARIA ELENA REYES, of legal age, a Filipino citizen, single, and with residence at [Address in the Philippines], hereinafter referred to as the “Future Wife”;

(The Future Husband and Future Wife are collectively referred to as the “Parties”.)

WITNESSETH:

WHEREAS, the Parties intend to marry each other on or about [Date of Marriage] in [City/Municipality of Marriage], Philippines;

WHEREAS, the Parties desire to fix their property relations during their marriage and to define their respective rights and obligations with respect to their properties;

WHEREAS, the Parties have made a full, complete, and honest disclosure to each other of all their respective assets, liabilities, and income, and have had the opportunity to consult with independent legal counsel;

NOW, THEREFORE, for and in consideration of the foregoing premises and their forthcoming marriage, the Parties hereby agree as follows:

Annotation: The “WHEREAS” clauses, also called Recitals, set the stage for the agreement. They state who the parties are, their intention to marry, and confirm that they have disclosed their finances and consulted lawyers. This is crucial for the agreement’s validity.

ARTICLE I: REGIME OF SEPARATION OF PROPERTY

The Parties hereby mutually agree and stipulate that their property relations during their marriage shall be governed by the regime of Complete Separation of Property, as provided for under the Family Code of the Philippines.
The Parties expressly waive the default system of Absolute Community of Property.

Annotation: This is the most important article. It clearly states which property regime the couple has chosen, overriding the default system. In this example, they have chosen “Complete Separation of Property,” meaning what’s his is his, and what’s hers is hers, both before and during the marriage.

ARTICLE II: SEPARATE PROPERTY

All property, real and personal, whether located in the Philippines or elsewhere, belonging to each Party at the time of the celebration of the marriage shall remain his or her own exclusive and separate property.
All property, real and personal, acquired by each Party during the marriage by his or her own work, industry, or by any other means, shall be owned, managed, and disposed of by each Party as his or her own exclusive and separate property.
Each Party shall have the full and unrestricted right to manage, control, encumber, sell, or dispose of his or her own separate property without the consent of the other.

Annotation: This article clearly defines what “separate property” means under their chosen regime. It covers assets owned before the marriage and assets earned during the marriage, giving each person full control over their own property.

ARTICLE III: DEBTS AND OBLIGATIONS

All debts and liabilities contracted by either Party before the marriage shall remain the sole responsibility of the Party who contracted them.
All debts and liabilities contracted by either Party during the marriage shall be the sole responsibility of the contracting Party, and the separate property of the other Party shall not be liable for such debts.

Annotation: This protects each person from the other’s debts, both past and future. It’s a key protection, especially if one partner has business interests or pre-existing loans.

ARTICLE IV: GOVERNING LAW

This Agreement and its interpretation shall be governed by the laws of the Republic of the Philippines.

IN WITNESS WHEREOF, the Parties have hereunto set their hands on the date and at the place first above written.

JOHN MICHAEL SMITH
(Future Husband)

MARIA ELENA REYES
(Future Wife)

SIGNED IN THE PRESENCE OF:

(Witness Signature Over Printed Name)

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)
CITY OF ______________________) S.S.

BEFORE ME, a Notary Public for and in the city of ______________, this ______ day of ___________, 20__, personally appeared the persons listed below with their competent evidence of identity:

Name	ID Type	ID Number	Date/Place of Issue
John Michael Smith	Passport
Maria Elena Reyes

…known to me and to me known to be the same persons who executed the foregoing Marriage Settlement Agreement…

(…Further standard notarial language follows…)

NOTARY PUBLIC

Doc. No. ______;
Page No. ______;
Book No. ______;
Series of 20__.

This Sample is a Guide, Not a Solution

Again, this sample is purely for educational purposes. A real agreement would have much more detail based on your specific assets and goals. The most important step is to seek professional legal advice. Use this example as a tool to help you formulate questions for your lawyer and to have a more confident and informed discussion with your partner.

Sample Prenuptial Agreement Philippines (For Foreigners)