LEGAL MEMO

Subject: Pre-nuptial Agreement

Background:

MS. DELOS Santos and MR. SANTOS intend to get married in JAPAN. Prior to their
marriage, Mr. DELOS Santos (father of Ms. DELOS Santos), is inquiring whether the
parties may validly execute a Pre-Nuptial Agreement in the Philippines.

Mr. SANTOS and Ms. DELOS Santos are both holders of US Passports, although
residing in Makati City. The parties likewise declared in their Notice of Intended Marriage
that their country of origin is United States of America. Thus, it can be safely assumed
that they are American citizens.

Issue/s:

1. What law applies to the parties’ marriage?

2. What law shall govern the execution of Pre-Nuptial Agreement?
3. Requisites of a Valid Pre-Nuptial Agreement.

Advice:

1. Issues relating to family rights and status are governed by their national law.
In this case, American laws shall apply as both parties are American
citizens. Consequently, provisions on community of property between herein
parties, although executed in the Philippines, shall conform with American
laws.

Considering that this is a potential conflicts of laws case, we strongly advise

that an expert in American laws be consulted.

2. Aliens found in the Philippines may enter into contracts in this jurisdiction
following the principle of lex loci celebrationis. The governing law, as to the
formalities of the contract, shall be Philippine laws as provided under Article
17 of the Civil Code –

“Art. 17. The forms and solemnities of contracts, xxx, shall be governed by the
laws of the country in which they are executed.
x x x”

3. Requisites of Valid Pre-Nuptial Agreement

a. Generally, the agreement must not be contrary to law, morals, good
customs, public order, or public policy.
b. Under Article 77 of the Family Code, settlements or any modifications
thereof shall be in writing, signed by the parties, and executed prior the
celebration of marriage.
c. The agreement to be binding against third persons, it must be notarized
and recorded in the local civil registry where the marriage contract is
recorded, as well as in appropriate registries of properties.