Donations propter nuptias (donations by reason of marriage) are made in consideration of a marriage, so their fate is tied to whether that marriage happens and is valid. When a marriage is judicially declared void ab initio (void from the beginning), the law provides for the effect on the donations by reason of marriage. The general rule is that donations propter nuptias are revoked by operation of law if the marriage is not celebrated or is judicially declared void ab initio; the donor may recover the donated property, because the cause or consideration of the donation (the marriage) failed. However, an important distinction turns on the good or bad faith of the donee-spouse. If the donee acted in bad faith (for example, a spouse who knew of the ground for nullity), the donations made to them may be revoked, and in the case of a void marriage, the property donated to the spouse in bad faith may be forfeited in favor of the common children, or the children of the guilty spouse by a previous marriage, or in default of children, the innocent donor. If both parties acted in good faith, the rules on the effects of a void marriage on property and donations apply more leniently. There is also a distinction between ordinary donations propter nuptias and those contained in the marriage settlements (the prenuptial agreement): donations in the marriage settlements are generally rendered void if the marriage does not take place, following the fate of the settlement itself. Note that donations between the spouses during the marriage are a different matter and are generally void (except moderate gifts), regardless of the marriage's validity. So if a marriage is void, the donations made by reason of that marriage are generally revoked and recoverable by the donor, with the property donated to a spouse in bad faith possibly forfeited in favor of the children.
Marriage Gifts Depend on the Marriage
Donations propter nuptias are made in consideration of a marriage, so their fate follows whether the marriage happens and is valid.
Revoked if the Marriage Is Void
Donations by reason of marriage are revoked by operation of law if the marriage is not celebrated or is declared void ab initio — the donor may recover the property, because the consideration failed.
The Good-Faith Distinction
If the donee acted in bad faith, the property donated may be forfeited in favor of the common children (or the innocent donor). Donations in the marriage settlements are void if the marriage does not take place. Note: donations between spouses during the marriage are generally void anyway (except moderate gifts).
Practical Takeaways
- A void marriage generally revokes donations propter nuptias — the donor recovers;
- Property donated to a bad-faith spouse may be forfeited to the children;
- Donations in the marriage settlements are void if the marriage fails.
Frequently Asked Questions
What happens to a donation by reason of marriage if the marriage is void? It is generally revoked by operation of law if the marriage is not celebrated or is judicially declared void ab initio, and the donor may recover the donated property because the consideration for the donation failed.
What if the donee-spouse acted in bad faith? The donations made to the spouse in bad faith may be revoked and, in a void marriage, the property may be forfeited in favor of the common children, or the children of the guilty spouse by a previous marriage, or in default of children, the innocent donor.
Are donations in the marriage settlements treated the same? Donations contained in the marriage settlements are generally rendered void if the marriage does not take place, following the fate of the settlement itself.
Are donations between spouses during the marriage affected? Those are a separate matter. Donations between spouses during the marriage are generally void, except moderate gifts, regardless of the marriage's validity.
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.