Pre-nup agreements in the Philippines .....?

I have read several answers above on their opinions on pre-nup agreements. Some opinion in my view are "enlightened" and some" misunderstand" pre-nup agreements.

Some people have answered about giving the value of Pre-Nups (see other answers by other responders). I agree with that. And some stated that if they were asked to sign a pre-nup, they would'nt- thinking that there was mistrust.

How many of you here actually would consider signing a pre-nup or would be willing to do so? How many actually have signed one? My guess would be that a lot of you haven't signed one.

So Let me give you the benefit of my experience.

Yes, I do have a pre-nup agreement with my husband. We have been been married for 4 years, and we were engaged for 5 years. We signed our pre-nup agreement 5 years before we married. It has not adversely affected our relationship, in fact I think it proves the strength of our relationship. I first brought up the topic of pre-nup agreements when we started dating and it looked like we were getting serious. My husband readily agreed and in fact was all for it!

The terms of our pre-up is under "Complete Separation of Property". Which means that anything each of us inherited, worked for, invested before and during the marriage is his/her own.

We both felt it was a very practical way of discussing all aspects of our marriage. Contrary to those who think that pre-nups imply mistrust in your partner, it takes a great level of TRUST to make a pre-nup agreement. In my and my husband's view, this only proved that our relationship was very secure and mature. And we are both glad we did make an agreement. We even discussed that when we have kids and they get married someday, we would want them to have a pre-nup too. I'm of the opinion that marriages with pre-nups tend to be successful. It takes incredible maturity, love, trust and being very honest with your partner to have one.

So take it from somebody who does actually have a pre-nup... If we had to do it again....My spouse and I would readily sign a pre-nup. :-)

There may not be divorce, but there is annulment and legal separation. Both of which would have financial consequences on the parties, so it is still wise to have a pre-nup. The Pre-nup could also come into play even while the marriage is going strong, as it could lay-out what money belongs to who, what to do with gifts, who pays for what, etc.

Do I have a pre-nup? No. Seems to be the least romantic thing while planning a wedding. But I get the impression that a couple willing to have a pre-nup, must be very mature and secure in each other's feelings or else they would be afraid to even bring this up. You can for example be poorer than your spouse and you may wish to satisfy your in-laws that you are not marrying him for his money. Or you could have been previously married and you want to keep your money separate to protect your children from your previous marriage.

Now regarding inheritance, under the absolute community of property, which is today's default property regime if you chose not to have a pre-nup, money inherited belongs to the inheriting spouse alone and not to the couple. Economic rights from intellectual property, I believe should be part of the community property.

Edit: The guy who said that a pre-nup goes against the Family Code hasn't read the Family Code, where it specifically said that the property regime described there would govern the spouses UNLESS they have a pre-nup.

The nature of marriage foremost is a legal agreement which the State will recognize or will license under the Family Code of the Republic. Any agreement such us Pre-Nuptial Agreement is likewise recognize by the state for as long as,like all legal instrument, follow the standard conditions of execution of legal documents. Such us, at the time of the agreement both parties are of legal age, well sound mind, voluntarily submit to agreement as their free and voluntary act, and had the document Notarized by a Notary Public, and was witnessed by 2 disinterested persons. Also both parties should have no impediments to conduct this marriage like say, False Declaration of sex, age, identity and singleness which will make the process null and void from the start.

This pre-nuptial agreement is enforceable since it is made before marriage, hence it is called so. In event of after marriage it would not be legally binding since the Family Code will step in as the governing policy. In the Pre-Nuptial, stipulations can be made in lieu of the absence of Divorce, say in event of Annulment of Legal Separation such Pre-Nuptial will be effected making it enforceable. However in event of death of a spouse where in the Pre-Nup states that no amount of money will be due to the surviving spouse, and that the deceased was able to make a Last Will Testament superseding the Pre-Nup to bequeath the surviving spouse all of his/her estate, that is another matter.

In whatever case, all of this issues will need to pass through court for all to be enforceable. Royalties and Intellectual Properties can also be stipulated in the Pre-Nup. Take note that Pre-Nup is only effected againt the Marriage but never with the children brought about that union, such one can not divorce, annul his/her obligations with the offspring especially if they are minors.

It takes a lot of maturity on the part of both spouses to actually agree to a pre-nup from both or one party. Its important only to people who are filthy rich or the ultimate greedy person - I can understand the need for it but its a tacky topic to discuss because marriage is supposed to be 50-50 in all aspects. With a pre-nup, its like saying "I love you but you're only entitled to this as far as I'm concerned." If you don't have that much assets - its still important depending on the type of asset you 'only' have. Who knows - you're not rich and the only asset you have is a sprawling huge castle you inherited in New England - then what happens to it if you divorce? You tend to lose it. Are you willing to risk that?

Since you've chosen to ask this Q on a personal level, i'd try to answer it solely in accordance with my own tastes and judgment.

CASE A: If I were worth Php500, and my fiance's worth is only Php100, and he initiated a pre-nup, that would be totally sweet. CASE B: However, if he was worth a thousand pesos, and he asked me to sign it, that would be totally insulting.

In both cases, I would NEVER sign a pre-nup. In case A, why would i wanna marry a man whom i dont trust. In case B, why would i wanna marry a man who doubts me (or a man who values his own family's imagination more than his future wife's feelings). If a man would be taking me as his wife, he should do it without any reservations whatsoever. No guarantees, no warranties, no return/no exchange. Taking me as I am, as is --- the very same way I would be taking him.

Pre nup's are indeed handy and useful, but i'd say marriage is still all about trust (and hope lol).

I prefer to negotiate re-allocation of resources after the honeymoon if she agrees. After all we deserve the fun and perks of the union especially at the early pace and just forget about a piece of paper that may end up not needed any way. The pre-nup is only for the hesitant, unsure and the insecure.

If you are married in the Philippines the document is useless because it goes against the Philippine Family code. Besides the fact there is no divorce here and annulments are difficult and expensive.

If your married outside the Philippines and feel you need to protect your assets go for it.

Personally I was married in Japan and a prenuptial agreement never entered my mind.

as far as i know, pre-nup wouldn't serve any purpose in the philippines. for one thing, there's no divorce there. when you marry there, it's for better or for worse.

but even in countries where divorce is legal, pre-nup is something that only the very rich would do. the ordinary people (and i'm one of them) see no reason for such arrangement.

hypothetically, if my intended want me to sign a pre-nup, he can take a hike!!!

this wouldnt exist in the Philippines I think. Relatively few get divorced and I would think that would carry over if a girl for example lived where you are from. I think using Philippines in this case is not good.

Making a prenup may actually strengthen your relationship. While people often imagine that negotiating a prenup leads to conflict, communicating about money matters can actually improve the quality of your relationship and support good communication in your marriage. Even if you don't end up signing a written agreement, talking frankly about money and property can eliminate misunderstandings that might otherwise crop up between you. Remember that sooner or later, you and your intended will be discussing money.

Prenup Benefits:

***Protect your separate property

***Define what property is considered marital or community property

***Reduce conflicts and save money if you get separated or if marriage gets annulled.

***Clarify special agreements between you, and

establish procedures and ground rules for deciding future matters.