Short answer. Yes. Article 75 of the Family Code expressly allows future spouses to choose complete separation of property in a marriage settlement. Under this regime, each spouse owns, manages, and answers for their own property independently. Without a prenuptial agreement, the default regime of absolute community of property applies instead.
What the law says
The future spouses may, in the marriage settlements, agree upon the regime of absolute community, conjugal partnership of gains, 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.
Family Code, Article 75 — Choosing the Property Regime in Marriage Settlements. Read the full provision →
What the law allows
Article 75 gives future spouses genuine freedom to design their property arrangement before the wedding. The law names three regimes explicitly — absolute community, conjugal partnership of gains, and complete separation of property — and then adds the phrase or any other regime, signaling that the list is not exhaustive. You can also combine elements, so long as the arrangement is not contrary to law, morals, good customs, public order, or public policy. Complete separation is fully recognized and commonly chosen by spouses who both have existing businesses, debts, or children from prior relationships.
What complete separation of property means in practice
Under complete separation, each spouse retains full ownership, use, and administration of everything they brought into the marriage — and of everything they acquire during the marriage in their own name. There is no community fund, no shared mass of property. Each spouse's income is their own. Each spouse's debts are their own, and creditors of one spouse cannot generally run after the property of the other. Spouses may, of course, choose to co-own specific things together — a house they buy jointly, for instance — but that co-ownership is voluntary, not a regime-imposed default.
Requirements for a valid marriage settlement
A marriage settlement adopting complete separation of property must be made before the marriage — modifications during the marriage require court approval. It must be in writing, executed before a notary public, and registered in the local civil registry of the place where the contract was executed and where the property is located. If the settlement is oral, or is agreed upon only after the wedding, it is void for purposes of property regime. In that case, the default of absolute community automatically governs, regardless of what the parties may have intended or discussed informally.
Default if no prenup is executed
Article 75 closes with a clear fallback rule: if there is no marriage settlement, or if the one that was made turns out to be void, the system of absolute community of property as established in this Code shall govern. Under absolute community, everything each spouse owns at the time of marriage — and everything either of them acquires during the marriage — becomes community property, subject to limited exceptions. For couples who want to avoid this default, executing a proper prenuptial agreement before the wedding, with legal assistance, is the only reliable way to secure the regime they want.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- David A. Noveras vs. Leticia T. Noveras AM. No. P-06-2227 August 19, 2014 Office of the Court Administrator vs. Atty. Mario N. Melchor, Former Clerk of Court VI, RTC, Br. 16, Naval, Biliran (now Presiding Judge, MCTC, Calubian-San Isidro, Leyte), G.R. No. 188289, August 20, 2014 — read the decision on LawPhil →