Text of the provision
Art. 143. Should the future spouses agree in the marriage settlements that their property relations during marriage shall be governed by the regime of separation of property, the provisions of this Chapter shall be suppletory.
(212a)
Family Code of the Philippines, Executive Order No. 209, approved July 6, 1987. The Code took effect on August 3, 1988 (Republic v. Orbecido III, G.R. No. 154380, October 5, 2005). Reproduced in full.
What this article means
Couples may choose, in their marriage settlements (prenuptial agreement), to keep their property completely separate from the start rather than pooling it. This article makes clear how that choice interacts with the Code: the rules of this Chapter apply suppletorily — that is, they fill in whatever the couple's own agreement does not cover.
The spouses' agreement leads; the Code follows only in the gaps. This is the opening provision of the regime of complete separation of property.
Questions about this provision
Related provisions
- Article 144 — separation may be total or partial, present or future.
- Article 145 — each spouse independently owns and manages their estate.
Cases citing this article
- V. Maquilan vs. D. Maquilan, G.R. No. 155409, June 8, 2007 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.