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Nuptial Agreement After Marriage Template for Philippines

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Key Requirements PROMPT example:

Nuptial Agreement After Marriage

"I need a Nuptial Agreement After Marriage for the Philippines that establishes complete separation of property, with particular focus on protecting my newly established tech startup company and its intellectual property assets, to be executed by March 2025."

Document background
A Nuptial Agreement After Marriage (post-nuptial agreement) in the Philippines is utilized when married couples wish to establish, modify, or clarify their property relations after their wedding has taken place. This type of agreement becomes particularly relevant when spouses want to change their property regime, clarify ownership of specific assets, or establish clear guidelines for property management and division. The document must strictly comply with Philippine family law, particularly the Family Code of the Philippines and related civil law provisions. It requires proper notarization and may need court approval in certain circumstances. The agreement can cover various aspects including property classification, debt responsibility, business interests, and inheritance considerations, but must not contain provisions that could be considered contrary to law, morals, good customs, public order, or public policy in the Philippine jurisdiction.
Suggested Sections

1. Parties: Identification of both spouses with their full legal names, current address, and civil status

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

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

4. Declaration of Marriage: Formal acknowledgment of the existing marriage and its validity

5. Purpose of Agreement: Clear statement of the intended purpose and objectives of the post-nuptial agreement

6. Property Regime Selection: Declaration of the property regime chosen by the spouses (e.g., absolute community of property, conjugal partnership of gains, or complete separation of property)

7. Current Property Classification: Detailed classification of existing properties as either separate or community property

8. Future Property Treatment: Provisions regarding the treatment and classification of future acquired properties

9. Debts and Liabilities: Provisions regarding existing and future debts and liabilities

10. Management of Properties: Provisions regarding the administration and management of properties

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

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

13. Amendments: Provisions for how the agreement may be modified in the future

14. Severability: Standard clause stating that if any provision is found invalid, the rest remains in effect

15. Execution: Formal execution clause, including requirements for notarization

Optional Sections

1. Business Interests: Section dealing with specific business interests and their management, required when either spouse owns or operates a business

2. Inheritance Provisions: Special provisions regarding inherited or inheritable property, needed when there are significant inheritance considerations

3. Children's Provisions: Provisions regarding property set aside for children's benefit, needed when there are children from current or previous marriages

4. Foreign Property: Special provisions for property located outside the Philippines, needed when couples own international assets

5. Intellectual Property Rights: Provisions regarding intellectual property ownership and rights, needed for couples with significant IP assets

6. Family Business Provisions: Special provisions regarding family business interests, needed when either spouse is part of a family business

7. Retirement Benefits: Provisions regarding retirement accounts and benefits, needed when significant retirement assets exist

Suggested Schedules

1. Schedule A - Inventory of Separate Properties of First Spouse: Detailed list and description of all separate properties owned by the first spouse

2. Schedule B - Inventory of Separate Properties of Second Spouse: Detailed list and description of all separate properties owned by the second spouse

3. Schedule C - Inventory of Community Properties: Detailed list and description of all properties considered as community property

4. Schedule D - Inventory of Debts and Liabilities: Detailed list of all existing debts and liabilities of both parties

5. Appendix 1 - Property Documents: Copies of relevant property titles, deeds, and registration documents

6. Appendix 2 - Business Documents: Copies of relevant business ownership documents and valuations

7. Appendix 3 - Financial Statements: Current financial statements of both parties

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

Relevant legal definitions








































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Family Law Attorney

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