NO PRE-NUP, NO WEDDING
Under the Family Code of the Philippines, a pre-nup is officially known as a marriage settlement and is guided by strict rules.
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Under the Family Code of the Philippines, a pre-nup is officially known as a marriage settlement and is guided by strict rules.
Looking through rose-colored glasses, weddings are all about love, romance and warm fuzzies. The real world, however, operates on an entirely different plane — especially when property and bank accounts come into play, regardless of whether your fortunes are self-made or inherited.
Just like that, defining a marriage becomes a numbers game comprised of bank balances, land titles and financial penalties for misbehaving or calling it quits. Of course, these rules don’t always apply to average folks, this writer included; they apply more to those whose bank balances involve more zeroes than we can count on our fingers and toes. For them, the most important document where “forever” begins is suddenly the pre-nuptial agreement, perhaps even more so than the marriage contract itself. Oh, what has become of society as we know it?
So, what exactly is a pre-nuptial agreement? Merriam-Webster defines it as “an agreement made between two people before marrying that establishes rights to property and support in the event of divorce or death.” In lawyer-speak, it is a legally binding contract signed by future spouses to protect property, clarify expectations, and reduce future conflict. After all, marriage is both a personal and a legal arrangement; responsible financial planning protects both. Before that proverbial walk down the aisle, you have to dot your i’s and cross those t’s.
Under the Family Code of the Philippines, a pre-nup is officially known as a marriage settlement and is guided by strict rules. For it to be legally binding, the document must be in writing, signed, and notarized before the wedding takes place. Oral agreements do not count! Finally, it must be registered with the appropriate government agencies to ensure it is enforceable by third parties.
Suffice it to say, pre-nups have become the fine line between “I do” and “I do not.” Sometimes, the provisions run the gamut from standard monthly stipends to the truly out-of-this-world.
On the tamer end, you have Mark Zuckerberg and his wife, Priscilla Chan, who committed on paper to a weekly date night and 100 minutes of quality time. On the extreme opposite, actor and rapper Ice-T requires his wife, Coco, to return her breast and butt implants in the event of a divorce. Meanwhile, for pop superstar Taylor Swift — worth a reported $2 billion — her father allegedly drafted a pre-nup to protect her massive business empire and music catalog, a move fully supported by her now-husband, Travis Kelce.
On the local front, pre-nups became fodder for news and gossip during the engagement of actress-entrepreneur Bea Alonzo and Puregold scion Vincent Co. Engagement rumors swirled in early 2026, followed by rumblings of a lavish May wedding in Spain. Then, it all came to a grinding halt, with various outlets reporting that disagreements over pre-nup provisions were at play. Alonzo reportedly spent time in Europe while Co was spotted back in Manila. However, in July, the couple finally tied the knot in a civil ceremony at Makati City Hall — exactly the kind of happy news fans were eagerly waiting for.
There are a few crucial things to consider when discussing a pre-nup with your future spouse, and none of them fall into the “easy” category. According to a lawyer friend who clued us in, it’s a “rip off the Band-Aid” kind of conversation. In her expert opinion, there are key questions you need to answer before taking things to the next level — not necessarily the marriage itself just yet, but the drafting of the agreement.
Are you both open to executing a prenuptial agreement?
What sets a pre-nup apart from a run-of-the-mill contract is the hold it has over a marriage. It allows couples to customize how assets, debts, and inheritances are handled, deviating from the default property regime. This creates room to protect individual assets and business interests — especially for the monied ilk, where marriage is an economic union just as much as a personal one. Have kids from a past relationship? They factor into this matrimonial silo, too.
This is why a pre-nup requires full, voluntary participation from both parties. The back-and-forth negotiations can trigger emotions and dig up skeletons hidden deep in the closet, tangible or otherwise. On the upside, a fully executed pre-nup promotes transparency and prevents disputes when things go awry or when a spouse passes away.
What properties, assets, and liabilities will be included?
This can be a hairy situation, judging from the countless times pre-nups turn contentious on legal dramas like Suits and Law & Order. Outright honesty is the unwritten rule when inventorying properties, assets, and liabilities. Depending on how you lay it out, every single centavo of those bank balances, property titles, stock certificates, and even vehicles comes into play. Ultimately, the goal is to march into “happily ever after” with all your cards on the table.
What kind of property relations do you want during — and potentially after — the marriage?
According to our lawyer friend, couples have three main property regimes to consider. First is the Absolute Community of Property, the Family Code’s default setting, which assumes any property owned before and during the marriage falls into a single, shared pool. Each spouse is entitled to an equal share.
Second is the Conjugal Partnership of Gains, where each spouse retains individual ownership over their premarital assets but shares in any gains generated from them, as well as any assets acquired post-wedding.
Lastly, there is the Complete Separation of Property, favored by most high-net-worth individuals. As the 1987 Family Code states, “Each spouse shall own, dispose of, possess, administer and enjoy his or her own separate estate.” Exclusive ownership and control over individual properties are retained throughout the marriage, and all family expenses are shared proportionally.
What are your hardlines and adjustable conditions?
Like most agreements, pre-nups contain potential dealbreakers. Commonly allowed provisions include asset classification schedules, business ownership protection, debt allocation, and disclosure obligations. On the flip side, high-risk or invalid propositions include waiving child support or custody, inheritance provisions that violate existing laws, and any stipulations deemed illegal or immoral.
Here is the thing: from the moment “the one” gets down on one knee and pops the question, that “yes” should ideally be followed by a “forever.” After all, that is the goal. At the same time, practicality must prevail. When complex economics are involved, it is always best to get the rules in writing. Just make sure you enter the process with an open mind. As they say, it might get messy before it all gets sorted out, but once the ink is dry, congratulations and best wishes to you! You now have a pre-nup.
