In what order does the property relations between husband and wife governed?
Art. 74. The property relationship between husband and wife shall be governed in the following order:
(1) By marriage settlements executed before the marriage;
(2) By the provisions of this Code; and
(3) By the local custom. (118)
*Local custom may mean any rule of conduct formed by repetition of acts uniformly observed as a social rule, legally binding and obligatory. It must be proved as a fact to be binding.
What is marriage settlement?
Marriage settlement is defined as a contract entered into by persons who are about to be married for the purpose of fixing the condition of the conjugal partnership with regard to present and future property.The Marriage Settlement must follow certain conditions such as it must be in writing form, signed by the parties and executed before the celebration of the marriage as required by this provision of the Family Code or EO. 209.
Art. 77. The marriage settlements and any modification thereof shall be in writing, signed by the parties and executed before the celebration of the marriage. They shall not prejudice third persons unless they are registered in the local civil registry where the marriage contract is recorded as well as in the proper registries of properties. (122a)
* To be enforceable against third persons it must be registered in the local civil registry where the marriage contract is recorded as well as the registry of properties.
What are the systems that the future spouses may agree in the marriage settlement?
- The regime of ABSOLUTE COMMUNITY OF PROPERTY
- The CONJUGAL PARTNERSHIP OF GAINS
- COMPLETE SEPARATION OF PROPERTY
Art. 75. The future spouses may, in the marriage settlements, agree upon the regime of absolute community, conjugal partnership of gains, complete separation of property, or any other regime. In the absence of a marriage settlement, or when the regime agreed upon is void, the system of absolute community of property as established in this Code shall govern. (119a)
*The spouses may stipulate or agree on any arrangement so long as it is not contrary to law. Spouses who were married after the effectivity of the Family Code (August 03, 1988) without any pre-nuptial agreement shall be governed by the Absolute Community of Property.
Family Code of the Philippines [Executive Order No. 209]
Sta. Maria, M. (2010). Persons and Family Relations Law. Quezon City: Rex Printing Company, Inc.