Should you get a prenup before getting married? Expert explains
With weddings happening left and right, it wouldn't be a surprise if talks of prenups are also on the table.
In an episode of "Sumbungan ng Bayan," Atty. Rowena Daroy Morales shared that having a prenup is something she would advise, explaining that according to the law, a prenuptial agreement is a marriage settlement that is registered.
"Ang marriage settlement ay kontrata na pinipirmahan bago kasalan, bago ikasal," she said. "So 'yung kontrata na 'yan, pwede ilagay doon ano gagawin sa kani-kanilang ari-arian or ano klase ang kanilang property relations."
[A marriage settlement is a contract people sign before they get married. So they can put in that contract what they'll do with their own properties or what kind of property relations will they have.]
They could have an absolute community where the partners are considered co-owners of all the properties they owned before and during the marriage.
"Kung absolute community, hindi mo kailangan ng marriage settlement doon," Morales said.
[If you have an absolute community, you won't need a marriage settlement.]
Meanwhile, couples also can opt to have a conjugal partnership where they can place their proceeds from their separate properties in a common fund.
"Ang ibig sabihin ng conjugal, kung ano 'yung akin, ipapahiram ko. Ilalagay ko sa fund na 'yun. Kung ano iyo, ilalagay mo rin," she said.
[Conjugal means lending what I have to my partner. What I have, I'll put in that fund. Meanwhile, you will also have to put what you have in there.]
Another form of property relations is the separation of property, where each spouse shall own or his or her own separate properties.
"Separation of property, 'what is your is yours. What is mine is mine. 'Pag-usapan natin sino magbabayad ng ilaw, pagkain,'" Morales said.
The attorney added that you can state in your marriage settlement who will pay for the electricity bill and other expenses.
"Maganda, i-a-advise ko 'yan [prenup] dahil pwede nila punitin. Pwede naman silang sumulat ulit na isang dokumento na hindi na namin susundin ang prenup," she said.
[It's good, I'd advise it because you can also tear it up. They can always write a new document saying that they won't follow their prenup.]
She added, "Nire-rehistro din 'yan [prenup] o di ngayon irer-ehistro na umaatras ka. Pero hindi pwede mag-agreement habang kasal ah, kaya mag-isip-isip sila."
[Prenups are registered so you will also register that you are backing out. But you can't have an agreement while you are married so they should think thoroughly.] — Kaela Malig/LA, GMA News