Comments on: Marriage Settlement (Prenuptial Agreement) and Introduction to Property Relations in Marriage

By: blastocystis

blastocystis — Thu, 01 Dec 2011 15:50:26 +0000

hi there! just wanna ask if a widower intends to marry again, will his children be able to request a prenup between their father and his wife-to-be? and would it be possible for them to ask that their father’s properties, though not yet divided accordingly and legally to them, be spared from being conjugal once the marriage takes place? i would definitely appreciate your answer. thanks very much!

By: curiouskiddo05

curiouskiddo05 — Wed, 14 Apr 2010 06:58:20 +0000

Hi Atty. Fred!

I just have a question about what a marriage settlement covers — does it include provisions about support for children in case of separation? Also, usually marriage settlements are used in case of separation, but in Philippine law, can it also be applied in case of the death of one spouse?

Thanks!

By: arab_prince

arab_prince — Tue, 26 Jan 2010 01:24:38 +0000

Atty. Fred, is Part 4 and 5 missing or it has not been written yet as of now? Thanks.

By: lawstudent

lawstudent — Wed, 14 Nov 2007 23:06:58 +0000

Hi Atty. Fred,
I have another question. This might seem obvious, but if a marriage is annulled or void, is the marriage settlement still enforced? Since a void marriage is considered never to have occurred, would the marriage settlement also be void? This is of course barring your noted exception to stipulations that do not depend on the celebration of the marriages,

I would be happy to explain about lex situs, lex loci celebrationis, forum non conveniens and renvoi after my finals are over.

Again, many thanks!

By: Atty. Fred

Atty. Fred — Mon, 15 Oct 2007 23:34:48 +0000

Pax, you’re welcome and, yes, I do remember. Good luck and God bless.

By: pax2006

pax2006 — Sun, 14 Oct 2007 20:54:38 +0000

Hi Atty. Fred…

Thanks for keeping your promise of discussing about differences between absolute community of property, conjugal partnership of gains etc.,

If you still remember, I’m the one who ask those questions to you.

This would really help me a lot

By: Atty. Fred

Atty. Fred — Thu, 04 Oct 2007 19:36:50 +0000

As a rule, Philippine law applies and the prenup is enforced in the Philippines. There are, of course, exceptions. Perhaps you could also help everyone by discussing related concepts like lex situs, lex loci celebrationis, forum non conveniens, renvoi and others.

By: lawstudent

lawstudent — Sat, 29 Sep 2007 18:19:58 +0000

Sorry I wasn’t very clear in my question. Yes, I am asking what law governs and in what jurisdiction can the prenup be enforced. Thanks for you insights!

By: Atty. Fred

Atty. Fred — Thu, 27 Sep 2007 15:49:46 +0000

lawstudent, I’m tempted to think that when you asked “how,” you’re asking what’s the mechanism in enforcing the prenup. This is enforced through the courts. However, maybe you’re actually asking what law governs and in what jurisdiction (country) can the prenup be enforced.

By: lawstudent

lawstudent — Tue, 25 Sep 2007 17:54:24 +0000

How are prenuptial agreements between a Philippines citizen and a foreign citizen enforced?