LMG Law Office

Future spouses have the freedom to enter into an agreement with each other as to how their properties will be governed, and just like any other contracts, the stipulations thereto should not be void or contrary to law, morals or public policy. Pre-Nuptial contract is an agreement between future husband and wife insofar as the property relations that will govern their properties during the existence of their marriage.

A marriage declared by the court as null and void connotes that the marriage entered into by the parties is inexistent as if no marriage ever took place between them. Parties who enter into a marriage are presumed to have done so legally which renders their marriage binding and valid and may not be presumed by the parties to be otherwise simply because of their personal belief that a ground for its invalidity exists.

“Marriage is a special contract of permanent union between a man and a woman entered into in accordance with the law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code." Article 1 Family Code of the Philippines.