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.
Related provisions
- Article 144 — separation may be total or partial, present or future.
- Article 145 — each spouse independently owns and manages their estate.
Cases interpreting this article
- Authorities on Article 143 will be added here as each is verified against primary sources.