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Prenuptial Agreement After Marriage
"I need a Prenuptial Agreement After Marriage for my situation in Manila, Philippines, where I own a successful technology business and want to ensure it remains my separate property, while my spouse and I have already accumulated significant common assets during our first year of marriage."
1. Parties: Identification of both spouses, including their full legal names, addresses, and marital status
2. Background: Details of the existing marriage, including date and place of celebration, and reasons for entering into this postnuptial agreement
3. Definitions: Clear definitions of key terms used throughout the agreement, including property classifications and financial terms
4. Property Regime Selection: Declaration of the chosen property regime (e.g., complete separation of property, absolute community of property, or conjugal partnership of gains)
5. Separate Property: Detailed provisions regarding properties that will remain separate for each spouse
6. Common Property: Provisions regarding jointly owned properties and how they will be managed
7. Management of Properties: Rules and procedures for managing both separate and common properties
8. Debts and Liabilities: Provisions regarding existing and future debts, and allocation of responsibility
9. Income and Earnings: Treatment of income, salaries, and business profits during the marriage
10. Dissolution Provisions: Property division arrangements in case of legal separation, annulment, or death
11. Legal Compliance: Statements ensuring compliance with Filipino law and required formalities
12. Modification Clause: Procedures for amending the agreement in the future
13. Governing Law: Specification that Philippine law governs the agreement
14. Execution: Formal execution requirements including notarization and witness provisions
1. Business Interests: Provisions specifically dealing with business ownership and management, used when either spouse owns a business
2. Inheritance Rights: Special provisions regarding inherited or anticipated inherited property, used when significant inheritance is expected
3. Support Obligations: Provisions for spousal or family support, used when specific support arrangements are desired
4. Insurance Policies: Provisions regarding life insurance and other insurance policies, used when significant insurance assets exist
5. Intellectual Property Rights: Provisions dealing with intellectual property ownership, used for spouses with significant IP assets
6. Foreign Assets: Special provisions for assets located outside the Philippines, used when international property exists
7. Children's Provisions: Provisions regarding children's education and inheritance, used when there are children from previous marriages
8. Religious Requirements: Additional provisions to comply with religious law, used for couples following specific religious traditions
1. Schedule A - Inventory of Wife's Separate Property: Detailed list and values of all properties owned by the wife prior to the agreement
2. Schedule B - Inventory of Husband's Separate Property: Detailed list and values of all properties owned by the husband prior to the agreement
3. Schedule C - Inventory of Common Property: Detailed list and values of all jointly owned properties
4. Schedule D - Financial Disclosure: Current financial statements of both parties including assets, liabilities, and income
5. Schedule E - Business Valuations: Professional valuations of any business interests owned by either party
6. Schedule F - Debt Schedule: Detailed list of all existing debts and liabilities of both parties
7. Appendix 1 - Required Legal Notices: Mandatory notices and disclaimers required under Philippine law
8. Appendix 2 - Certificate of Independent Legal Advice: Certificates from lawyers confirming both parties received independent legal advice
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A post-marriage contract under Philippine law that establishes or modifies property relations between spouses, requiring notarization and registration with the local civil registry.
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