A couple signing their marriage settlement (prenuptial agreement) documents together before their wedding in the Philippines

Prenuptial Agreements in the Philippines: Marriage Settlement Requirements and Notarization

A “prenuptial agreement” has no separate legal name in Philippine law — the Family Code calls it a marriage settlement, and it is the only way for a couple to choose a property regime other than the one the law applies automatically. Couples who say nothing simply end up under absolute community of property by default. Couples who want conjugal partnership of gains, complete separation of property, or a customized mix of rules have to put that choice in writing, sign it, and execute it before the wedding — there is no way to adopt a different regime afterward except through a handful of narrow, court-supervised exceptions. This guide walks through what a marriage settlement must contain to be valid, how it is executed and notarized in practice, and what happens if a step is skipped.

Direct Answer

A valid Philippine marriage settlement must be in writing, signed by both future spouses, and executed before the marriage is celebrated (Family Code, Art. 77). It typically selects a property regime — absolute community, conjugal partnership of gains, complete separation of property, or a combination — that will replace the default absolute-community regime that applies automatically when there is no settlement or the chosen regime turns out to be void (Arts. 74–75). Any modification must likewise be made before the wedding (Art. 76); once married, the couple can change the regime only through the court-supervised routes the Code allows, such as a joint verified petition for voluntary dissolution of the regime (Art. 136) or judicial separation of property on a ground listed in Art. 135. The Family Code does not use the word “notarized,” but a settlement does not bind third persons unless it is registered in the local civil registry where the marriage contract is recorded and in the proper registries of property (Art. 77), so couples usually have it acknowledged before a notary public to put it in public-instrument form for registration — confirm the exact form each registry requires before the wedding. If a party is under civil interdiction or another court-declared disability, their court-appointed guardian must be a party (Art. 79). If the wedding never happens, stipulations made because of the intended marriage become void (Art. 81).

Decision Snapshot

  • Applies to: Couples still planning their wedding who want a property regime other than the automatic default, and couples who already signed a settlement and want to confirm it was validly executed and registered.
  • What it changes: Which property regime governs the marriage (absolute community, conjugal partnership of gains, complete separation, or a lawful combination) and, where included, the rules on gifts the future spouses give each other because of the marriage.
  • Timing: Must be executed before the wedding; takes legal effect exactly upon — never before — the marriage; cannot generally be modified once the marriage has taken place.
  • Formality: Must be in writing and signed by both parties; standard practice adds notarization and registration so the settlement can bind people outside the marriage.
  • First action: Consult a lawyer before setting a wedding date close enough that there is no time left to draft, sign, and notarize the settlement, then register it at the local civil registry handling the marriage.

Key Takeaways

  • “Marriage settlement” is the Family Code’s term for what is commonly called a prenuptial or antenuptial agreement in the Philippines.
  • Without one — or if the one executed turns out void — absolute community of property governs the marriage by default (Art. 75).
  • It must be in writing, signed by both future spouses, and executed before the wedding (Art. 77); the Code does not call for notarization in those exact words, but registration (needed to bind third persons) requires a public instrument, so settlements are notarized in practice.
  • A party under civil interdiction or a similar court-declared disability needs their court-appointed guardian as a party (Art. 79). Article 78’s rule for minors has little practical use today because no one under 18 may marry (Art. 5).
  • The chosen regime begins at the moment the marriage is celebrated (for absolute community, Art. 88), any change to the settlement must be made before the wedding (Art. 76), and if the marriage does not happen, stipulations made in consideration of it become void (Art. 81).
  • Registering the settlement at the local civil registry where the marriage is recorded, and in the proper property registries, is what makes it binding on people outside the marriage — an unregistered settlement generally only binds the spouses themselves.
  • Gifts the future spouses make to each other “by reason of marriage” are a related but separate topic with their own rules and limits (Arts. 82–86), and may carry separate tax consequences a BIR-accredited tax professional should review.
  • A marriage settlement is not a tool for shielding assets from a spouse’s existing creditors or for defeating future child or spousal support — those obligations follow from other provisions of law regardless of the chosen property regime.

In This Guide

Authority What it governs Relevance to a marriage settlement
Family Code of the Philippines (Executive Order No. 209), Arts. 74–77 The order of authority governing property relations between spouses; what a settlement may fix; the writing, signing and timing requirements Sets the core formal requirements and confirms the default regime that applies with no valid settlement
Family Code, Arts. 76, 88, 135–136 Modification only before the wedding; when absolute community begins; court-approved changes during the marriage Explains why the regime is fixed at the wedding and the only routes to change it afterward
Family Code, Arts. 78–79 Capacity of a minor or an incapacitated party to execute a settlement Identifies who else must sign for the settlement to bind a minor or a party under a court-declared disability
Family Code, Art. 80 Choice-of-law rules for property relations in marriages with a foreign element Relevant where either future spouse is a foreign national or property is located abroad
Family Code, Art. 81 Effect of a marriage that does not take place Stipulations made because of the intended marriage become void if the wedding never happens
Family Code, Arts. 82–86 Donations by reason of marriage between future spouses A related but separate set of rules and limits for marriage-related gifts, often included in the same document
Rules on Notarial Practice (Supreme Court) Who may notarize a document and what acknowledgment before a notary requires Explains the practical step — notarization — that turns a signed settlement into a document fit for registration

What a Marriage Settlement Can and Cannot Contain

Article 74 of the Family Code lists marriage settlements first in the hierarchy that governs property relations between spouses, ahead of the Code’s own default rules and local custom. Article 75 lets the future spouses agree on absolute community, conjugal partnership of gains, complete separation of property, or “any other regime” they wish to design, as long as it does not contradict law, morals, good customs, public order or public policy. A settlement commonly fixes: which regime applies; an inventory of property each party brings into the marriage as exclusive property; rules for property acquired during the marriage; and, where the parties wish, provisions on donations by reason of marriage under Articles 82 to 86. A settlement cannot validly waive a spouse’s right to future support, predetermine child custody or child support in a way that binds a court, or otherwise contract around protections the law gives to a spouse or to children — those questions are decided under the rules that actually govern them, independently of the chosen property regime.

Formal Requirements: Writing, Signing and Timing

Article 77 states the formal requirements plainly: the settlement and any modification of it must be in writing, signed by the parties, and executed before the celebration of the marriage. There is no prescribed minimum length or required clause structure beyond this — what matters is that the document is written, that both future spouses actually sign it, and that signing happens before, not after, the wedding. Article 76 adds that any modification of the settlement must also be made before the celebration of the marriage, subject only to Articles 66, 67, 128, 135 and 136. Those exceptions all run through a court: revival of the former regime after legally separated spouses reconcile (Arts. 66–67), the remedies of a spouse who has been abandoned (Art. 128), judicial separation of property for a listed cause such as civil interdiction, abandonment, or separation in fact for at least one year with reconciliation highly improbable (Art. 135), and a joint verified petition by both spouses for voluntary dissolution of the absolute community or conjugal partnership and separation of their common properties (Art. 136). The couple cannot simply sign a new private agreement after the wedding. The regime itself starts at the moment the marriage is celebrated; for absolute community, any stipulation that it begins at another time is void (Art. 88).

Notarization and Registration

The Family Code’s own text does not use the word “notarized” for a marriage settlement. What Article 77 does say is that a settlement “shall not prejudice third persons unless it is registered in the local civil registry where the marriage contract is recorded, as well as in the proper registries of property.” Registration is what makes the settlement enforceable against people outside the marriage — a creditor of one spouse, a buyer of a property, or an heir, for example. Registries generally accept instruments for registration only in public-instrument form, which is why couples usually have the settlement acknowledged before a notary public under the Supreme Court’s Rules on Notarial Practice; ask the local civil registrar and, for real property, the Register of Deeds what form and how many copies they require. Article 22 also requires the marriage certificate to state whether the parties entered into a marriage settlement and to attach a copy, so give the solemnizing officer a copy before the ceremony. Skipping notarization and registration does not necessarily make the settlement void between the spouses themselves, but it does mean the settlement generally will not bind, or protect the couple’s intended arrangement against, anyone who was not a party to it.

Minors and Incapacitated Parties

Article 78 provides that a minor who may contract marriage may execute a marriage settlement, but it is valid only if the persons designated in Article 14 to consent to the marriage are made parties to it. That rule has little practical application today: the minimum age to marry is 18 (Art. 5), and since Republic Act No. 6809 (1989) the age of majority is also 18, so no minor can validly marry (see the legal age to marry in the Philippines). Parties aged 18 to 21 still need parental consent to the marriage itself (Art. 14; Art. 236 as amended by RA 6809), but they are not minors. This guide did not verify any rule that their parents must also join the settlement, so ask the lawyer drafting it whether to include them. Article 79 covers a future spouse who is under civil interdiction or another disability declared by a competent court: in that situation, the guardian appointed by that court must be made a party to the settlement for it to be valid. Both provisions exist for the same reason — a settlement can permanently affect a party’s property rights, so the law requires the same protective participation that the marriage itself requires for a vulnerable party.

What Happens If a Requirement Is Missed

If the parties never put anything in writing, or sign after the wedding instead of before it, there is simply no valid marriage settlement — the marriage falls under the default regime of absolute community of property under Article 75, as if the couple had never attempted to choose otherwise. If a required party under Articles 78 or 79 was not included, the settlement is void for lack of that required capacity or consent. If the couple executed and signed a settlement but never registered it, the settlement can generally still govern the property relationship between the spouses themselves, but it will not bind a third person who had no notice of it — which is the exact problem registration exists to prevent. Article 81 adds a separate rule: if the marriage itself never takes place, any stipulation that was made in consideration of that future marriage becomes void, although provisions that do not depend on the marriage happening (for example, an acknowledgment of property one party already exclusively owned) can remain valid on their own terms.

Your Options and What to Do Next

What a couple should actually do depends on where they are in the process.

  • If the wedding is still weeks or months away: Consult a lawyer to draft the settlement together with an honest, specific inventory of what each party is bringing into the marriage. Sign it before the wedding date, have it notarized before a notary public, give a copy to the solemnizing officer so it can be attached to the marriage certificate (Art. 22), and register it at the local civil registry where the marriage will be recorded and, for real property, with the Register of Deeds (Art. 77). Do this early — a settlement signed the morning of the ceremony, with no time to review it, defeats the purpose of having one.
  • If you are already married and never executed one: You cannot create a marriage settlement retroactively; your property relations are already governed by whichever regime applies by default or by an earlier valid settlement. If you now want a different regime, the available routes are court proceedings: a joint verified petition by both spouses for voluntary dissolution of the regime and separation of property (Art. 136), or a petition for judicial separation of property on a ground listed in Article 135. A private agreement between yourselves is not enough. Petitions for dissolution of the property regime fall under the jurisdiction of the Family Courts (Family Courts Act of 1997, RA 8369, Sec. 5(d)) — consult a lawyer, or PAO if you qualify, about which route fits your facts.
  • If you signed one but never had it notarized or registered: Have the original document reviewed by a lawyer, have it properly notarized if it was not already, and register it at the local civil registry where your marriage is recorded and, where real property is involved, with the Registry of Deeds for that property. Do this as soon as possible — the gap in registration is a real, present risk to anyone dealing with you or your spouse in the meantime.
  • If you cannot afford a private lawyer: The Public Attorney’s Office (PAO) assists qualified indigent clients with family-law and civil-law matters, including document review, subject to its income-based and merit tests. See FamilyCode.ph’s guide on free legal assistance through PAO for the eligibility test and required documents (written for annulment cases, but the PAO eligibility test itself is the same office-wide).
  • If a donation by reason of marriage is part of the plan: Have the donation provisions reviewed separately against Articles 82 to 86, and ask a BIR-accredited tax professional whether the specific gift has any donor’s-tax consequence — this article does not state a tax figure because the correct treatment depends on the asset, its value, and current BIR rules at the time of the gift.

Common Misunderstandings

  • “We can sign our marriage settlement at the wedding or any time after.” Not for the settlement to take effect as such. Article 77 requires execution before the marriage is celebrated; an agreement signed afterward is not a valid marriage settlement, and the couple is left under whichever regime already applies by default.
  • “A marriage settlement is only for wealthy couples.” It is available to any couple, regardless of how much property either party has. Couples with little property at the time of marriage sometimes still want complete separation of property for future earnings, or want a clear written inventory of what each person already owned — both are legitimate, ordinary uses of a settlement.
  • “Since the Family Code doesn’t say ‘notarized,’ notarization is optional and skippable.” Technically the Code’s formal requirements are writing, signatures, and timing. But without a notarized public instrument, the settlement generally cannot be registered, and an unregistered settlement does not bind anyone outside the marriage — so skipping notarization defeats much of the practical purpose of having a settlement at all.
  • “A marriage settlement can waive support or decide child custody in advance.” It cannot. Spousal and child support, and the best interests of a child in a custody dispute, are governed by other Family Code provisions that a private settlement cannot override.

Practical Checklist

  1. Decide, together, which property regime you actually want and why — absolute community, conjugal partnership of gains, complete separation, or a custom mix.
  2. List each party’s exclusive property as of the date of the settlement, with enough detail (description, approximate value, how acquired) to be useful later if a dispute ever arises.
  3. Have a lawyer draft the settlement, including any donation-by-reason-of-marriage provisions you want, reviewed against Articles 74 to 86.
  4. If either party is 18 to 21 and needs parental consent to marry, ask your lawyer whether the consenting parents should also sign (Article 78 speaks of minors, who can no longer marry).
  5. If either party is under civil interdiction or a court-declared disability, include their court-appointed guardian as a signing party under Article 79.
  6. Sign the settlement before the wedding date — not on the day itself, and never afterward.
  7. Have the settlement notarized before a notary public.
  8. Register the notarized settlement at the local civil registry where your marriage will be or was recorded, and with the Registry of Deeds for any real property it covers.
  9. Keep multiple certified copies — for yourselves, your lawyer, and anyone who may later need to verify the regime that governs your marriage.

Frequently Asked Questions

Is a “prenuptial agreement” a real legal document in the Philippines?

Yes, under the name “marriage settlement.” It is governed by Articles 74 to 86 of the Family Code and is the only way to select a property regime other than the default of absolute community of property.

Does a marriage settlement have to be notarized to be valid?

The Family Code’s own formal requirements are that it be in writing, signed by the parties, and executed before the marriage. The Code does not say “notarized” in those words, but registering the settlement — required for it to bind anyone outside the marriage — generally requires a notarized public instrument, so notarization is standard practice before registration.

What happens if we don’t have a marriage settlement at all?

Absolute community of property governs the marriage automatically under Article 75. This is the default regime for marriages under the Family Code and applies whether or not the couple ever considered an alternative.

Can we change our property regime after the wedding if we both agree?

Generally no. Article 76 requires any modification of the marriage settlement to be made before the wedding. After the wedding, the regime can change only through the court routes the Family Code allows, such as a joint verified petition by both spouses for voluntary dissolution of the regime (Art. 136) or judicial separation of property for a cause listed in Article 135.

Can a marriage settlement protect my property from my spouse’s creditors?

A settlement can validly classify property as exclusive rather than community or conjugal property, which affects what is available to answer for a spouse’s personal debts. It is not a general asset-shielding device, and it must be registered to be effective against a creditor who is not a party to it. Specific facts matter, so get case-specific advice before relying on a settlement for this purpose.

Do foreign nationals marrying a Filipino need a different kind of marriage settlement?

The same Family Code provisions on form and timing apply, but Article 80 adds choice-of-law considerations where a party is a foreigner or where property is located abroad. Couples in this situation should have the settlement reviewed with that cross-border element specifically in mind.

Related Guides

Sources and Legal Citations

Statutes and codes

  • Family Code of the Philippines, Executive Order No. 209 (1987), Arts. 74–86 — full text via LawPhil

Supreme Court rules

  • 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC), as amended — Supreme Court of the Philippines
  • Republic Act No. 6809 (1989), lowering the age of majority to 18 — full text via LawPhil
  • Family Courts Act of 1997, Republic Act No. 8369, Sec. 5(d) — full text via LawPhil

Related FamilyCode.ph guides cited above

Sources rechecked as of: October 2, 2026

This article is general legal information for the Philippines and is not legal advice. Marriage settlements depend heavily on each couple’s specific property, family circumstances, and timing, and this guide does not state any tax figure or peso amount because those depend on facts this article cannot verify in general form. For advice about your specific situation, consult a Philippine lawyer or, if you qualify, the Public Attorney’s Office.

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