PFR Chapter 1: General Provisions

Property Relations between Husband and Wife

Property relations between husbands and wife order (Art. 74)

1. By marriage settlement

2. By the provisions of this Code

3. By the local custom

General Rule: Husband and wife cannot sell property to each other
Exception:

1. When a separation of property was agreed upon in the marriage settlement

2. When there has been a judicial separation of property

General Rule: There shall be a right of accretion between husband and wife
Exception:

The donor has otherwise provided

Marriage settlement shall be in

1. Writing

2. Signed by the parties

3. Made prior to the celebration of the marriage

Property regimes provided under the family code

1. Absolute community property

2. Conjugal partnership of gains

3. Complete separation of property

4. Property regime of unions without marriage

Property Regime by Default:
1. Marriages governed by Civil Code
2. Marriages governed by Family Code

1. CPG

2. ACP

Prenup

Agreement between the contracting parties as to what property regime that will govern the marriage

Agreement between the contracting parties as to what property regime that will govern the marriage

Prenup

Oral marriage settlement valid?

No, it is void and cannot be ratified

Contracting parties can agree on any arrangement in their marriage settlement that is not contrary to law, public policy, within the limits provided in the family code

Pre nuptial agreement / Ante nuptial agreement

Pre nuptial agreement / Ante nuptial agreement

Contracting parties can agree on any arrangement in their marriage settlement that is not contrary to law, public policy, within the limits provided in the family code

1. Can the parties agree their division of ACP in the partition is not equal?

2. Can the parties stipulate at any time for their ACP or CPG to start aside from the moment of their celebration of marriage?

3. Can the parties agree that the separation of property refer to the present or future or both, and that is can be total or partial?

4. The property not agreed as separate will belong to?

1. Yes

2. No

3. Yes

4. APC

If no marriage settlement is agreed upon or it is void?

ACP will prevail

Marriage Settlement

Contract entered before, but in contemplation and in consideration of marriage, whereby the property relations of spouses during marriage are fixed and determined

Contract entered before, but in contemplation and in consideration of marriage, whereby the property relations of spouses during marriage are fixed and determined

Marriage Settlement

If no marriage settlement or has one but void, what will prevail?

1. Prior to the effectivity of the Family Code (After Aug. 30, 1950, before Aug. 3, 1988)

2. After the Family Code (Aug. 3, 1988)

1. CPG

2. ACP

Date of effectivity of the Family code

August 3, 1988

When will local customs govern the property relations of the spouses?

Future spouses execute a marriage settlement that ACP shall not exist without providing for the rules or regime that shall govern their property relations

How to make marriage settlement and any modification binding to 3rd parties? (2)

General rule: Yes

1. Registered in the local civil registrar where the marriage contract is recorded

2. Proper registries of property

If marriage settlement is not fair and reasonable

General rule: Effectivity shall remain

Exception

Disadvantaged spouse, when she signed, had some understanding her rights to be waived o prejudiced

Must have signed freely, voluntarily, intelligently

Burden of proof of the invalidity of a pre nuptial?

On the spouse alleging it

Can the parties modify the agreement in the marriage settlement?

Yes, by complete separation of property

Modifications of marriage settlement after marriage ceremony

General Rule: Not allowed

Exception:

1. Legal separation and reconciliation

2. Judicial separation of property / Judicial Order, Approval

Parties to Marriage Settlement

1. Future spouses

2. If one of the spouses is below 21, the person who’s consent is required under Art 14 - (1) Father, (2) Mother, (3) Surviving parent, (4) Guardian, or (5) Person having legal charge of them

3. Guardian appointed by competent court if one of the future spouses is suffering from civil interdiction or any disability

What is the property regime for same sex marriage?

Co ownership

Requisites of a marriage settlement

1. In writing

2. Signed by the parties (future spouses) if there are legal restrictions (ages 18-21, persons with disabilities)

3. Celebrated prior of the marriage

4. Legal capacity to enter contracts

5. Marriage must take place

General rule on laws governing property relations (Art. 80)

Philippine laws, if both parties are Filipiinos, regardless of the place of the celebration of the marriage and their residence (even if married abroad or resides abroad)

Exception to laws governing property relations (80)

1. Both spouses are aliens (even if married in PH)

2. Contrary stipulation in the marriage settlement

3. With respect to the extrinsic validity of contracts affecting property not situated in the Philippines and executed in the country where the property is located

4. Lex rei sitae

Is there a property regime for voidable marriage?

Yes, until it is annulled there is a property regime (ACP, CPG, etc.)

Is there a property regime for those with Declaration of nullity

No. The property regime dissolves whatever property relations existed during the union, the remaining assets are liquidated and governed by co-ownership rules depending on the parties' good or bad faith

Efficacy of marriage settlement

If the marriage does not take place, everything stipulated in the marriage settlement, including donations between the prospective spouses made, shall be void

Exception to the effect of non celebration of marriage regarding marriage settlement

Any provision that does not depend upon the celebration of the marriage for its validity