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Title IV — Property Relations Between Husband and Wife

Article 80

EO 209 · Family Code of the PhilippinesKey provision

ELI5— what this means for you

If no marriage settlement is made, or if it is void, the default property regime is Absolute Community of Property. This applies to all marriages celebrated under the Family Code.

Key point

No prenup = ACP. Simple as that.

Official text — EO 209

In the absence of a contrary stipulation in a marriage settlement, the property relations of the spouses shall be governed by Philippine laws, regardless of the place of the celebration of the marriage and their residence.

This rule shall not apply:

(1) Where both spouses are aliens;

(2) With respect to the extrinsic validity of contracts affecting property not situated in the Philippines and executed in the country where the property is located; and

(3) With respect to the extrinsic validity of contracts entered into in the Philippines but affecting property situated in a foreign country whose laws require different formalities for its extrinsic validity. (124a)

Source: lawphil.net (EO 209 as amended)

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Legal disclaimer: BatasKo provides general legal information, not legal advice. For advice on marriage, annulment, property relations, custody, or support, consult a licensed Filipino lawyer or the Public Attorney's Office (PAO) at pao.gov.ph.