From the word itself, a prenup must be made before the marriage. The parties must not carry out preliminary work after the marriage, so any changes to the property regime of the spouses can only be made with the permission of a judge. A matrimonial agreement is in fact a contract between the future spouses that governs and determines the rights and obligations of the parties concerning all real estate, including future real estate to be acquired, which will be brought to the marriage by each party. Therefore, since due diligence is a contract, the conditions for the validity of the contracts should also be met. Marital agreements must be concluded on a voluntary basis. They should be written down. They may be sidelined because of a lack of consent, fraud, coercion, error, inappropriate influence or bad faith. To be effective against third parties, they must be certified notarized and registered in the correct registers of real estate for the protection of creditors and at the local registry office where the marriage is concluded. Future spouses may choose that their marriage be governed by the regime of absolute co-ownership, the marital partnership of benefits, the total separation of the property or another scheme, provided they are agreed and concluded effectively. In my two previous columns, I cited as reasons for concluding a prior agreement: to ensure that the family patrimony remains within the lineage; Financial guarantee of one spouse in the event of divorce or separation; Protect children from past or other relationships Protect yourself from a spouse`s existing and future debts Defining financial rights and boundaries between spouses; Limiting the issues and costs of a divorce „maintenance“ and assistance where Philippine law does not provide for it.

Well, the formalities and the costs. A prenup is above all a contract between two parties. Therefore, the Prenup must meet the essential conditions of a valid contract: purpose, consideration and consent. The purpose of the agreement would be the purpose of the agreement; Consideration of entering into marriage; Approval is the approval that both parties have given to the prep. Having said all the legalities and costs of the Prenup, I would like to add that you must also put his heart and soul into it. The best agreement can be destroyed without the spirit of trust and understanding. In the past, marriage agreements in the Philippines were almost unheard of.