Title 4 Chapter 1 of the Family Code: General Provisions.

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Under the Family Code of the Philippines, the Property Relations of spouses are governed by the following, in the order stated:

1. Marriage settlement;
2. Family Code; and
3. Local Customs.

Before the marriage celebration, the future spouses can choose among these property relations:

1. Absolute Community of property;
2. Conjugal partnership of Gains;
3. Complete Separation of Property; or
4. Other regime of properties.

In case the property relation that they have chosen is void or in the absence of such, the default property relation is the Absolute Community of Property.

Modification:

They can also modify their property relations but only before the celebration of their marriage.

Accordingly, it must be in writing, signed and executed by the parties before the marriage. As an exception, even after their marriage, their property relations can be modified but only in accordance with Article 66, 67, 128, 134 and 135 of the Family Code.

Additional Parties:

Additionally, if the contracting parties are between 18–21, the father, mother, surviving parent or guardian or person having legal charge of the parties, in the order stated, must be a party to the marriage settlement to become valid.

In case the party is afflicted with any civil interdiction or any other disability, a guardian appointed by a competent court shall be a made party.

Their Property relation must be recorded in the local civil registry where their marriage certificate is registered; otherwise, without such recording, it will not prejudice any third persons.

Applicable Law:

The applicable law for the marriage settlement is the Philippine law, unless there is a stipulation to the contrary, regardless of where the marriage took place or where the parties reside. This rule is not applicable if both parties are aliens, or when the extrinsic validity of a contract where it was contracted outside of the Philippines and the property or properties is located outside of the Philippines. It is also not applicable on the extrinsic validity of a contract where it has been executed here in the Philippines but the property or properties is located abroad and they have different formalities regarding such property.

All of the things that I have mentioned shall not be valid if the marriage did not take place except those provisions that are not dependent on the celebration of the marriage.

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