Text of the provision
Art. 76. In order that any modification in the marriage settlements may be valid, it must be made before the celebration of the marriage, subject to the provisions of Articles 66, 67, 128, 135 and 136.
(121)
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
Once spouses marry, their marriage settlement is generally locked in: any modification is valid only if made before the wedding. The article carves out named exceptions elsewhere in the Code that do allow a post-marriage change — including Article 66 and Article 67 (reviving the former property regime after reconciliation following legal separation), and Articles 128, 135, and 136 (judicial separation of property for cause).
Related provisions
- Article 66 and Article 67 — reviving a former property regime after reconciliation.
- Article 77 — the required form of the settlement itself.
Cases interpreting this article
- Authorities on post-marriage modification of settlements under Article 76 will be added here as each is verified against primary sources.