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Marital Property Agreement Template for Philippines

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Key Requirements PROMPT example:

Marital Property Agreement

"I need a Marital Property Agreement to be executed before my wedding in March 2025, establishing a regime of separation of property, with specific provisions for my existing business assets and future inheritances."

Document background
The Marital Property Agreement is a crucial legal instrument in Philippine family law that allows couples to formally establish their property relations either before marriage (prenuptial agreement) or during marriage (postnuptial agreement). This document is particularly important for couples who wish to deviate from the default property regime under Philippine law, which is the Absolute Community of Property. The agreement must comply with the Family Code of the Philippines and requires proper execution before a notary public. It typically includes detailed inventories of separate and common properties, provisions for property administration, rules for profit sharing, and procedures for property division in case of marriage dissolution. The document becomes especially relevant for couples with substantial separate assets, business interests, or complex financial arrangements.
Suggested Sections

1. Parties: Full legal names and details of both spouses, including their civil status and residences

2. Background: Details about the marriage (date, place) and reason for entering into the agreement

3. Definitions: Definitions of key terms used throughout the agreement

4. Choice of Property Regime: Clear statement of the chosen property regime (e.g., separation of property, absolute community of property, or conjugal partnership of gains)

5. Separate Properties: Detailed provisions regarding properties considered as separate properties of each spouse

6. Common Properties: Provisions regarding properties considered as commonly owned

7. Administration of Properties: Rules and procedures for managing and administering both separate and common properties

8. Debts and Liabilities: Provisions regarding handling of debts and liabilities, both separate and common

9. Division of Income and Profits: Rules for dividing income, profits, and fruits from both separate and common properties

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

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

12. Execution: Formal execution clause, including notarization requirements

Optional Sections

1. Business Interests: Specific provisions for handling business interests and professional practice, used when either spouse owns a business

2. Inheritance Provisions: Special provisions regarding inherited or inheritable properties, used when there are significant inherited assets

3. Foreign Assets: Provisions for handling properties located outside the Philippines, used for couples with international assets

4. Support Obligations: Provisions regarding financial support obligations, used when there are specific support arrangements

5. Future Property Acquisition: Provisions for classification and handling of properties to be acquired in the future, used for long-term planning

6. Dispute Resolution: Alternative dispute resolution mechanisms, used when parties want to avoid court proceedings

Suggested Schedules

1. Schedule A - Inventory of Wife's Separate Properties: Detailed list and description of all properties exclusively owned by the wife prior to marriage or acquired during marriage through inheritance/gratuitous title

2. Schedule B - Inventory of Husband's Separate Properties: Detailed list and description of all properties exclusively owned by the husband prior to marriage or acquired during marriage through inheritance/gratuitous title

3. Schedule C - Inventory of Common Properties: Detailed list and description of all properties considered as commonly owned

4. Schedule D - List of Existing Debts and Liabilities: Comprehensive list of all existing debts and liabilities of both parties

5. Appendix 1 - Supporting Documents: Copies of property titles, business registrations, and other relevant documentation

6. Appendix 2 - Certificates of Ownership: Official certificates proving ownership of listed properties

Authors

Alex Denne

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

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