PRE–NUPTIAL AGREEMENT

This Pre-Nuptial Agreement (the “Agreement”) is entered into by and between the
following:

_______________________, Filipino, of legal age, with address at

______________________, hereinafter referred to as the “Prospective
Husband”;

- and –

_______________________, Filipino, of legal age, with address at

_______________________, hereinafter referred to as the “Prospective Wife”;

The Prospective Husband and the Prospective Wife are also hereinafter
referred to, individually, as “Party”, and collectively, as the “Parties”.

WITNESSETH

WHEREAS, the Parties intend to legally marry each other on ______________ in the
City of __________________, Philippines and thus enter into a contract of marriage;

WHEREAS, in advance of their marriage, the Parties wish to provide for their rights and
obligations in and to each other’s assets and property including that which each of the parties
currently and separately own, that which each will acquire separately during the marriage and
that which both will acquire together during the marriage, in the event the marriage is
terminated;

WHEREAS, the Parties mutually consent and agree that their property relations will be
a combination of the regime of Complete Separation of Property and Absolute Community of
Property during the marriage;

WHEREAS, in the said regimes, the Parties shall either have community or exclusive
ownership, rights, and interests over his/her present property that he/she has now or may
acquire in the future, as well as those which may be acquired during the marriage, regardless
of any manner and means of transfer, subject to the terms and conditions of this Agreement;

NOW, THEREFORE, for and in consideration of the foregoing premises and the terms
and conditions hereinafter set forth, the Parties hereby agree as follows:

1. Effective Date

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 This Agreement shall be effective on _______________, the date of marriage. If the Parties do
not lawfully marry each other by such date, this Agreement will be null and void and its
provisions unenforceable.

2. Current Circumstances

With respect to current circumstances, both Parties represent that he or she was not previously
married and has no prior child/children from a former relationship.

3. Disclosure

The Parties hereby represent and warrant that they have made full, fair and reasonable
disclosure to each other of his or her financial information regarding net worth, assets, income,
holdings, liabilities and debts.

Each Party acknowledges that he or she was given an opportunity to view said final information
and confirms receipt, review and understanding of the other Party’s financial information prior
to the signing of this Agreement. Both Parties recognize the receipt, review and understanding
of each Party’s financial information prior to signing this Agreement. However, the signing of
this Agreement does not in any way constitute a waiver of the right of full disclosure regarding
the other Party’s financial position.

4. Assets

The Parties agree that the Prospective Husband and Prospective Wife have significant assets. The
asset of the Prospective Wife is reflected in Schedule “A” of this Agreement. The asset of the
Prospective Husband is reflected in Schedule “B” of this Agreement. It is the Parties’ intention for
this Agreement to secure the pre-marital and separate properties of the parties.

5. Legal Representation

The Prospective Husband and the Prospective Wife represent that they had the opportunity to
consult with independent legal counsel but chose not to engage one in the drafting and
negotiation of this Agreement.

To the extent either Party has not consulted with independent legal counsel constitutes a
waiver of such right. Both Parties represent that they understand the contents of this
Agreement, acknowledge this Agreement is fair and reasonable and have chosen to freely and
voluntarily enter into this Agreement.

6. Premarital Property

With respect to premarital property:

(a) All of Prospective Husband’s property that is separately owned prior to the marriage will
remain as Prospective Husband’s non-marital, separate and individual property during and after
the marriage. Any increase in the value relating to the separate property will also remain as
the non-marital, separate and individual property of Prospective Husband. Further, any
interest, rents, revenue, income, dividends and all the other incomes derived from said separate
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property shall remain to be separate, non-marital and exclusive property of the prospective
husband. Prospective Husband has the full right and authority to manage, sell, gift, transfer or
otherwise dispose of Prospective Husband’s separate property.

(b) All of Prospective Wife’s property that is separately owned prior to the marriage will
remain as Prospective Wife’s non-marital, separate and individual property during and after
the marriage. Any increase in the value relating to the separate property will also remain as
the non- marital, separate and individual property of Prospective Wife. Prospective Wife has
the full right and authority to manage, sell, gift, transfer or otherwise dispose of Prospective
Wife’s separate property.

7. Property Acquired During Marriage

With respect to property acquired during the marriage:

(a) Properties or assets, including stocks, bonds, money market and cash equivalent, real
estate and other tangible assets which are all included in the attached Schedule A of this
Agreement regardless of the manner and means of transfer, that are earned, inherited,
acquired or given to Prospective Husband by his father ________ during the marriage will be
treated as Prospective Husband’s and remain Prospective Husband’s separate and individual
property. Any increase in the value relating to the separate property will also remain as the
separate and individual property of Prospective Husband. Prospective Husband has the full right
and authority to manage, sell, gift, transfer or otherwise dispose of Prospective Husband’s
separate property.

(b) All other assets or properties, including stocks, bonds, money market and cash equivalent,
real estate and other tangible assets, regardless of the manner and means of acquisition, that
are given, earned, or acquired, through their joint or individual efforts or capacities during the
marriage shall be treated as absolute community property and owned equally by Prospective
Husband and Prospective Wife, unless it is shown that it is excluded such as:

(i) Property acquired during the marriage by gratuitous title such as by way of donation
or inheritance, unless the donor testator or grantor provides that they shall form
part of the community property;
(ii) Property for personal and exclusive use of either Party.

(c) Passive income from properties shall have the same character for purposes of this
Agreement as the property from which it is derived. Thus, passive income from separate
property earned or accruing after the effective date of this Agreement shall be the separate
property of the owner of that asset. Likewise, passive income from community property shall
have that character once earned or accrued.

(i) The term “passive income” means dividends, capital gains, interests, rents,
royalties, disruptions and other income accrued from the property of a Party and
obtained after the marriage.
(ii) The term “passive income” also includes accrued but unrecognized appreciation in
the value of capital assets that are classified as separate property.
(iii) In the case of ownership of interests in corporations, all dividends therefrom are to
be considered passive.

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 (iv) In the case of ownership of interests in partnerships and like business entities
which operate a business enterprise, all distributions and income allocations
therefrom to a Party are to be considered as passive income unless a Party
materially participates in the business. Where a Party materially participates in a
business operated by a partnership or like business entity, all income distribution
from said entity are to be treated as earned income.
(v) The term “materially participates” has the same meaning as given under the New
Civil Code of the Philippines for determining when a partner materially participates
in a partnership.
(vi) Income not falling within the definition of “passive income” is to be considered
earned income that belongs to the community property the Parties. “Earned
income” means any income obtained by a Party after the marriage that does not
meet the definition of “passive income’ as defined in the previous section. Earned
income includes, but is not limited to, salary and bonus from employment, earnings
derived from the performance of services, and income derived from a business run
as a sole proprietorship.

(c) In the event the marriage is terminated, the property relations of the Parties are subject to
dissolution as may be determined by the appropriate court that has jurisdiction over the
Parties.

8. Pre-marital Debts

With respect to pre-marital debts:

(a) Prospective Husband’s pre-existing debts or obligations that exist prior to the marriage will
remain as Prospective Husband’s sole responsibility during and after the marriage. Any increase
in the value of Prospective Husband’s pre-existing debts or obligations will also remain the sole
responsibility of Prospective Husband’s.

(b) Prospective Wife’s pre-existing debts or obligations that exist prior to the marriage will
remain as Prospective Wife’s sole responsibility during and after the marriage. Any increase in
the value of Prospective Wife’s pre-existing debts or obligations will also remain the sole
responsibility of Prospective Wife.

(c) Debts of either Party prior to the marriage insofar as they have redounded to the benefit of
the family shall be chargeable to the community property;

10. Taxes. During their marriage, each Party will continue to be liable for any and all taxes
associated with their separate property. Taxes and expenses for mere preservation made
during the marriage upon the separate property of either Party that is used by the family shall
be chargeable to the community property.

11. Binding. This Agreement will inure to the benefit of and be binding upon the Parties, their
successors, heirs, executors, administrators, assigns and representatives.

12. Severability. In the event that any provision of this Agreement is held to be invalid, illegal
or unenforceable in whole or in part, the validity, legality and enforceability of the remaining
provisions shall not be affected and the remaining provisions shall be construed, to the extent

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possible, to give effect to this Agreement without the inclusion of such invalid, illegal or
unenforceable provision.

13. Governing Law. The terms of this Agreement shall be governed by and construed in
accordance with the laws of the Republic of the Philippines.

14. Additional Documents. At the written request of either Party, the other party shall
execute and deliver such other documents and take such other actions as may be reasonably
necessary to effect the terms of this Agreement.

15. Headings. The section headings herein are for references purposes only and shall not
otherwise affect the meaning, construction or interpretation of any provision in this
Agreement.

16. Entire Agreement. This Agreement contains the entire understanding between the Parties
and supersedes and cancels all prior agreements of the Parties, whether oral or written, with
respect to such subject matter.

17. Signatures. The signatures of the Parties to this Agreement represent the Parties
acknowledgement that they have been informed of their legal rights, given an adequate
amount of time to consider entering into this Agreement, read and understood the Agreement,
agree with the contents of the Agreement, had sufficient time to review the Agreement and
believe it to be fair, have not been pressured or coerced into signing the Agreement and
chosen to freely and voluntarily enter into this Agreement.

Signed this day of , 2022.

Signed in the presence of:

Name and Signature of Witness Name of Signature of Witness

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 ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES)

) S.S.

I certify that on this date before me, a notary public duly authorized in the city named
above to take acknowledgements, personally appeared the following, presenting to me
competent evidence of their identities bearing their respective photographs and signatures:

Government ID No. Date/Place Issued

[Prospective Husband]

[Prospective Wife]

known to me to be the same persons who executed the foregoing instrument and acknowledged
to me that the same is of their free and voluntary act and deed. This instrument refers to the
Pre-nuptial Agreement, and consists of six (6) pages including this page on which the
acknowledgement is written signed by the parties thereof, and sealed with the notarial seal
and the corresponding Annexes.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal at the
City of , on the day, month and year above written.

NOTARY PUBLIC
Doc. No. ;
Page No. ;
Book No. ;
Series of 2022.

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 SCHEDULE A

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 SCHEDULE B

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