The Family Code allows the future spouses to agree, before the celebration of the marriage, on the property regime that will govern their marriage, through a marriage settlement (also called an antenuptial or prenuptial agreement). In their marriage settlement, the future spouses may agree upon the regime of absolute community, conjugal partnership of gains, complete separation of property, or any other regime, within the limits the Family Code provides. If the spouses do not execute a marriage settlement, or the one they made is void, the default regime that applies is the absolute community of property (for marriages under the Family Code, which took effect in 1988). For the marriage settlement to be valid, it must comply with formalities: it must be in writing, signed by the parties, and executed before the celebration of the marriage; and to bind third persons, it must generally be registered in the local civil registry and the registries of property. The settlement cannot contain stipulations contrary to law, and modifications to it before the marriage must also follow the formalities. A settlement made by a party who needs parental consent, or involving certain persons, has additional requirements. Understanding marriage settlements matters because they let a couple tailor their property relations, but only if executed properly and before the wedding.
Choosing a Property Regime
Before marrying, the couple may agree on their property regime through a marriage settlement (prenuptial agreement) — choosing absolute community, conjugal partnership, complete separation, or another regime within legal limits.
The Default If None
If the spouses make no settlement, or it is void, the default regime is the absolute community of property (for marriages under the Family Code since 1988).
The Formalities
The settlement must be in writing, signed, and executed before the marriage; to bind third persons, it must generally be registered. It cannot contain stipulations contrary to law, and pre-marriage modifications must follow the same formalities.
Practical Takeaways
- A prenuptial agreement lets a couple choose their property regime;
- It must be in writing and executed before the wedding;
- No valid settlement = absolute community by default.
Frequently Asked Questions
What is a marriage settlement? An agreement, also called an antenuptial or prenuptial agreement, that the future spouses make before the marriage to fix the property regime that will govern it.
What property regimes can spouses choose? Absolute community of property, conjugal partnership of gains, complete separation of property, or any other regime within the limits the Family Code provides.
What regime applies if there is no marriage settlement? The absolute community of property, which is the default regime for marriages celebrated under the Family Code since it took effect in 1988, if the spouses make no settlement or it is void.
What formalities must a marriage settlement follow? It must be in writing, signed by the parties, and executed before the celebration of the marriage, and to bind third persons it must generally be registered in the civil registry and registries of property.
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.
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