Quick answer

A donation propter nuptias, or donation by reason of marriage, is one which is made before the celebration of the marriage, in consideration of the same, and in favor of one or both of the future spouses. It is a special kind of donation with distinct rules under the Family Code. As to form, donations propter nuptias are governed by the ordinary rules on donations (so a donation of immovable property must be in a public document with acceptance), except as modified by the Family Code. As to what may be donated, the spouses may donate present property, but there is a limit when the donation is contained in the marriage settlements: donations of present property in the marriage settlements are subject to the rule that they shall not exceed one-fifth of the present property if the future spouses are governed by the absolute community after the marriage; and a donation of future property (property the donor expects to acquire) between the future spouses is generally governed by the provisions on testamentary succession and the formalities of wills. A key feature is the grounds for revocation of a donation propter nuptias, which include: if the marriage is not celebrated or is judicially declared void ab initio (except donations made in the marriage settlements, which are governed by other rules); when the marriage takes place without the consent of the parents or guardian, as required by law; when the marriage is annulled and the donee acted in bad faith; upon legal separation, the donee being the guilty spouse; when a resolutory condition imposed is not complied with; and when the donee has committed an act of ingratitude. So a donation propter nuptias is a marriage-motivated gift with its own rules on limits and revocation, and notably it can be revoked if the intended marriage does not push through.

What It Is

A donation propter nuptias is made before the marriage, in consideration of it, in favor of one or both future spouses.

Form and Limits

It follows the ordinary donation rules (immovables need a public document with acceptance), except as modified. Donations of present property in the marriage settlements are limited (e.g., not exceeding one-fifth where absolute community will govern), and donations of future property generally follow the rules on wills.

Grounds for Revocation

Practical Takeaways

Frequently Asked Questions

What is a donation propter nuptias? A donation made before the celebration of a marriage, in consideration of the marriage, and in favor of one or both of the future spouses, governed by special rules under the Family Code.

Can a donation by reason of marriage be revoked? Yes, on grounds such as the marriage not being celebrated or declared void, lack of required parental consent, annulment where the donee acted in bad faith, legal separation with the donee as the guilty spouse, non-compliance with a resolutory condition, or ingratitude.

What form must a donation propter nuptias take? It follows the ordinary rules on donations, so a donation of immovable property must be in a public document with the donee's acceptance, except as modified by the Family Code.

What happens to the gift if the wedding does not push through? A donation propter nuptias may generally be revoked if the marriage is not celebrated, subject to the specific rules, so the donor may recover the gift.

This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.

If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.