Marriage Settlement and Property Regimes

1. What is a marriage settlement?

A marriage settlement is an agreement executed between two parties who plan to get married, in
preparation for the property regime that would govern their conjugal property during the marriage.
Such agreements are also commonly known as “Pre-Nuptial Agreement”.

“The future spouses may, in the marriage settlements, agree upon the regime of absolute community,
conjugal partnership of gain, 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.” (Article 75 of the Family Code of the
Philippines)

2. What is a property regime?

A property regime is the set of rules agreed upon by the parties, before getting married, which would
govern their property relations during the course of their married life.

3. What are the different kinds of property regimes in the Philippines?

There are three kinds of property regimes which are recognized by the laws of the Philippines:

1. Regime of Absolute Community of Property

2. Regime of Conjugal Partnership of Gains
3. Regime of Complete Separation of Properties