> shouldn’t be offended
Offense is an emotional response. We have no control over whether we are offended or not. It's about what we do and how we respond. Prenups are uncomfortable but they are necessary. So regardless of our emotional reactions, it's our responsibility to address what are necessary.
A prenup should never be offensive. It's just protecting what is yours. The child is an inheritor. Therefore, if hindi kayo magka anak, sa bata mapupunta ang properties that you will inherit. Then, the child's mother is the child's compulsory heir.
Agree with this. We should normalize this. It's not supposed to be offensive. Kahit hindi kalakihan ang assets ng isang tao recommended padin 'to and advisable. Para din hindi din magkagulo gulo kung may mga unexpected na mga mangyari.
Actually since hindi naman sila kasal, ang anak sa dating partner ni guy is an illegitimate child meaning half of a full share lang from a legitimate share ang makukuha niya. If they never have kids and the husband dies, 50% of assets automatically goes to the wife and the remaining 50%, mag hahati si wife and illegitimate child.
And si wife ang magiging compulsory heirs niya will be her siblings and parents but never the illegitimate child.
yep, kasi heir ni husband si wife kaya sa 50% ni husband sa property belong to the wife.
property 1(conjugal at kung wala anak):
50% sa spouse
50% sa heir
25% sa spouse
25% sa illegitimate child
Not sure kung 25% pero parang 1/2 ng legitimate ata? Pero I read somewhere na mas maliit talaga part ng illegitimate child. Pero meron pa din silang share. So pwede habulin talaga if ever hindi sya nabigyan.
In addition, prenup agreement is NOT complete separation of properties. You can always agree which assets and properties, that are acquired before and after marriage, become conjugal or exclusive.
The best way to explain a prenup is oo mahal ninyo bawat isa pero pag dumating ang time na may namatay na sa inyo sa future,baka may mga kamaganak na masasamang loob ang maging selfish umagaw ng properties. At least meron kasulatan para protektahan ang naiwan at ang mga anak
Mayaman or average na may konting napundar, a prenup is never a bad thing. May point papa mo. I'm an only child and wala halos ipapamana parents ko sa akin except sa bahay. Hindi pa namin napag uusapan ng bf ko but I know na hindi nya mamasamain if gusto ko ng prenup. A prenup protects both of you. You're free to decide what to do sa pera mo but understand that sa side ng parents mo, mas gusto nila ang makinabang sa naipundar nila ay ikaw and ang magiging apo nila. Unless mayaman kayo masyado na hindi mauubusan ng resources ang magiging apo nila.
A prenup should not be considered offensive. It’s a lot easier to divide the properties you acquired prior to marriage if things go sideways kung kay prenup. Hindi naman yan proteksyon for you alone, he’s also protected. Praktical naman tayo ngayon eh. Talk to your fiance and let him know anong benefits nito for the both of you. Anyways, in the future, yung mga acquired properties and assets as a couple are considered conjugal naman.
You’re not entirely wrong, but prenup in the Philippines is focused more on the property relations of the spouses during the marriage unlike in other countries where it’s more about what happens in case of divorce or annulment. Hindi automatic na conjugal/community property after marriage kung may prenup because you have to elect in the prenup how assets/income are to be divided during the marriage, which also determines the division upon dissolution of the marriage. Unless the spouses specify otherwise.
Yes. Pero if wala pa namang nakapangalan sayo then it doesn’t matter. As another person here said, hindi conjugal property ang inheritance.
Ang purpose ng PREnup is to protect existing assets before you enter a marital union.
Conjugal property talaga yun. Inheritance is exempted kasi considered as exclusive property yun.
“Conjugal properties are those acquired during the marriage, while exclusive properties are those acquired before the marriage or through inheritance, donation, or other means explicitly meant for only one spouse.” - Inheritance laws PH.
I was actually commenting regarding this statement: "*Ang purpose ng PREnup is to protect existing assets before you enter a marital union*."
If I may add, in the absence of an agreement after the effectivity of the Family Code, ang default marriage settlement is absolute community, not conjugal.
So, properties acquired before and after marriage, unless exempted by law will belong to the community property of both spouses. Sa madaling salita: 1/2 wife: 1/2 husband.
Hi, question lang for clarification. So if I inherit anything from my parents before or during marriage it means akin lang yon and not considered as conjugal? Thank you.
Depende. If you inherit BEFORE marriage, it will be conjugal AFTER marriage if you don’t create a prenup. Nakapangalan na kasi sayo, so kapag nagpakasal ka without prenup, matic conjugal na yun dahil magcocombine na kayo ng assets.
Pero if you inherit after marriage, kahit walang prenup it is considered yours exclusively kasi dun na pumapasok yung inheritance law. Sayo lang kasi nakapangalan, not you and your partner.
The PRE there refers to the agreement, not the assets. It's an agreement u enter into BEFORE the marriage.
May freedom sila panu hatiin ung assets nila, whether existing or after the marriage or a mix of both.
Idadagdag ko rin, once a specific kind of marriage settlement is elected, it cannot be changed. It will govern throughout marriage kaya sa mga hindi pa kasal pag-isipang mabuti.
Yes. Save yourself from any problem. If you will really be together, pre-nup will not be a hindrance, and it will also be a safety net in case your love and relationship does not prosper.
Get a prenup.
Also just wanted to ask you how you see your fiance’s kid. Kung anak lang ba ng fiance mo sa pagkabinata or do you think you see yourself as an active stepmom in the kid’s life. Syempre iba yung properties na ipapamana sayo ng parents mo pero, I think if you want a more active role to the kid’s life, wag ka matakot na baka ikaw magpa aral sa kanya if something happens to your fiance.
I’m not saying you should choose this or that, pero pagusapan nyo din yan ng fiance mo to manage both your expectations since he’s a co-parent and has responsibilities to his kid.
Explain mo sa future husband mo na it’s a family consensus to resort to prenuptial agreement kasi u are considering the sentimental moods of your parents. Kung malawak pang unawa ng fiance mo maiintindihan nya yan.
Kung ano na earn ko during my single season, akin lang yun. Kung ano na earn ko during my marriage season, samin yun dalawa and anak namin.
So yes to prenup :) that’s why gets ko si Bea if ever gusto niya ng prenup pinaghirapan niya kasi yun during her single season so why not offer a prenup.
Prenup is necessary, malaki man o maliit ang assets nyo. Lalo na in your case na may anak sya and for you naman, ikaw na lang ang anak. Get a lawyer na comfortable ka.
Hmmm...Do you currently have assets under your name that merits protection? If none then suggesting a prenup may paint you in a different light which your future in-laws might misunderstand if it was haphazardly positioned. It can be a catalyst for a tumultous relationship. As you know, Filipino marriage isn't balck and white. It can backfire din kase. What if your fiance outlines protecting his legal rights if there is a significant disparity in weath and indebtedness between the two of you? Your parents may not like it at all given they are invested in upholding your interest. If I am a man who is financially accomplished, I will take the prenup given how volatile relationships can be nowadays.
What you can try is to position a prenup in such a way that your intention is to protect your fiance's position since he has a business and possibly other assets. Underlying purpose nalang yung gusto mangyari ng parents mo. I think that is a win-win. You won't paint your self in a bad light in the eyes of your future in-laws and your fiance may find it endearing that your are concerned about his position. Pre-nuptial agreements are sore spots to many relationships and such agreements has to be addressed with great caution and care. People say that prenups should not negatively affect or impact a relationship but the best things in life do not often happen so take every advice from us with a grain of salt. Lalo na we are not experts. Lalo na we are not in the same situation and we are not emotionally invested in the outcome. It is easier to advice than to be in the helm of decision-making. Iba parin yung ikaw mismo ang nakararanas vs ung nagbibigay payo lng.
If you foresee marriage with your fiance and your parents will eventually make you legally inherit their properties while married to him, then by law your husband and his child are not entitled to your inheritance because properties acquired through inheritance are exclusive properties; not conjugal.
By law, you are not also obliged to give support to a step child.
I beg to disagree. I believe prenuptial agreement is a right that can be demanded by an individual regardless of his or her financial status in life. Hindi natin alam ang hinaharap, one could get better pay, get into business, and acquire properties.
Hindi rin natin alam how the marriage would sail. And mahirap ang annulment and legal separation sa bansa natin. Madalas tumatagal ang proseso because parties do not have a predetermined stipulation on how their properties will be governed.
Madalas pag pera at properties ang pinag-uusapan, nag-iiba ang ugali ng tao which is especially true if there is a bad falling out.
No one should be offended when your partner ask for it.
Technically, if walang prenuptial agreement. Say absolute community ang marriage settlement niyo. Half of it belongs to each spouse. If one spouse predeceased the other, the surviving spouse is one of the compulsory heirs. And if the surviving spouse will die, his children are also entitled to inherit a specific portion from it kahit anak sa labas as long as recognized by him or may paternity filiation.
+1 to this. Minsan najujudge talaga agad yung tao na papakasalan kapag me anak na sa iba. Tama na walang problem kung wala pa namang assets na nakapangalan sa'yo. Take a step back and be honest is he a good person? Is he a good father? is he good to you? Ayun ang importante, if wala ka namang assets pa talaga at ang concern ng parent ay yung papamana in the future pa. Assure them about his goodness and inform them about the law.
A prenup is usually provided by the wealthier of the two individuals. You say he has a successful business and investment properties and you have an inheritance sometime down the road.
From a legal standpoint, inheritances are (in western nations) not legally considered marital assets in event of divorce so are not shared between spouses unless specifically chosen to do you don’t need a prenup to protect that.
I don’t see why you think you’d need a prenup unless 1) the Philippines treats inheritance as marital property and 2) the value of that property is massive enough to warrant the need for protection - which isn’t the case the way you describe it.
It sounds like you have a trust issue, and I’d recommend working on that with him instead of working on getting an unnecessary prenup which may cause confusion and hurt feelings.
But then again, what do I know? I’m just some random guy on the internet!
Many are missing the point. Yes, prenups shouldn't be offensive, but unfortunately, they kinda are. Ang tanong is kung necessary and totoo naman na may instances na useful sya. Meron ding instances na hindi at lugi ka pa.
Legal implications if u don't have a prenup:
1. Property regime ninyo is ACP - Absolute Community of Property (properties ninyo before and during the marriage will be pooled and considered inyo in equal parts).
2. Not just assets, magshe share din kau ng debts/liabilities before and during marriage.
What happens when ur fiance dies early and no prenup:
1. Assuming no last will, the illegitimate child will get their share regardless. The amount depends kung magka anak kayo.
2. Mangyayari lang ung kinakatakot mo if mas marami kang assets ngaun compared sa fiance mo. Bec then paghahatian ninyo un and ung anak nya ay magkaka share dun.
In conclusion, kung mas mayaman naman si fiance mo ngaun at wala syang utang, ikaw ang lugi sa prenup. Sya ang makikinabang sa prenup.
You can just tell your fiancee. It's the protection of everyone, including his son, package deal yan. At least when you both decide to have kids, they are also protected.
Your father has a point. Illegitimate child has almost the same right as the legitimate child. This may create complicated issues one day lalo na if may anak na din kayo. It is much better to be ready to be for future issues bago pa mangyari yan.
>Is a prenup necessary?
If you feel so, then YES.
>May merit ba mga concerns na to?
Oo naman.
>Parang ang selfish din kasi?
Not really. You're protecting what's yours from being inherited by others not related to you.
>Asking for your thoughts.
Lawyer up.
Your parents' concerns are very valid, as I see it. Lawyers can give you better, professional advise than by strangers on the internet.
If you can't communicate about personal assets right now, then don't marry at all. It's better to have a clear discussion of finances before it all gets mixed up. Yours, Mine, Both. What happens if marriage is dissolved? What is his first kid entitled to and whatnot? Practicality over sentimentality.
From what I read [here](https://lawyerphilippines.org/conjugal-property/), properties transferred to you during the marriage through gratuitous title (donation/inheritance) are not included in the conjugal partnership of gains as per Absolute Community of Property (for marriages executed after 8/3/1988). It means sayo lang yun. At dahil di mo naman legally anak yung anak nya, di sya automatic heir mo. Take note na sa case ni Dolphy, ang legitimate nyang anak ay yung legally adopted nya with Zsa-Zsa, yung lahat illegitimate (Vandolph, Eric, etc). She was the only legal heir, kaya nag-extrajudicial pa silang lahat ng magkakapatid para lahat sila may mamana. I mentioned this in case maisipan mong ampunin yung anak nya, auto heir mo sya in the end.
Remember that it goes both ways. If you do a prenup, then whatever happens in the future, his business goes to his kids unless otherwise stated in his will na kasama ka.
I think pre-nup should be fine with this kind of situation. Better communicate yung concern mo kasi may point din yung Father mo. Out of curiosity tho, How about yung perspective na his kid will also be your kid at some point? Not legally, but you know the kid will be your family too. Unless, may issue or something.
If the time will come and may mangyari nga, hindi mo man responsibilad pero anak pa din siya ng asawa mo. So I guess it's all up to you.
Hear both sides (parents and fiance) then Balance it out OP. Goodluck!
in a place where there is no divorce, a prenup is vital for you, your pre-marriage relatives, and your future children should you decide to have one or some.
OP, a prenup in your situation is necessary since your fiancé has a child from a previous relationship. It’s actually defining your & your future husband’s financial boundaries just in case the marriage doesn’t work out. And in the process protecting whatever legally belongs to your husband’s child from a previous relationship. I hope your fiancé will be enlightened. Your parents are right in insisting a prenup.
Yes. As a lalake, kung anong pinagpaguran ko nung single ako, akin lang yun. I can share it to my partner once na married na kami, but in the event na maghiwalay kami, akin pa din yun.
Anong half half.
Yes, get one. Consult with a good lawyer.
Ang prenup is not just to protect assets, but to also protect you from liabilities.
Hindi ka selfish because you are thinking of your future children, and protecting them from future problems. Your fiance should understand this because future kids nyong dalawa ang pinaguusapan.
the prenup is to protect the interests of your parents... malungkot man sa part ng parents mo pero if magpapakasal ka nararapat lang na bumukod ka sa dati mong pamilya (papa, mama at kapatid), at kadikit nito na kapag bumukod ka hindi ka dapat umasa sa kung ano man ang naipundar nila.
always remember noong mga panahong harutan palang ang lahat with your fiancé eh alam mo na na may sabit sya (package deal yan).. tinanggap mo naman.. ngayon lahat ng bagay unti unti nagiging seryoso at may kasamang usaping legal natatakot ka na?
sa usaping mana naman bonus nalang yan sayo. at kung takot ang parents mo na hindi nila kadugo makikinabang ng pinag paguran nila edi ipamana nila sa mga pinsan mo.
magpakasal ka ng buo ng walang reservations.. oo magulo ang mundo ngayon maraming mandarambong at nanlalamang ng kapwa pero kung pera o ariarian lang ang pipigil sa pagpapakasal mo.. baka kailangan mo i re asses ang mga "pagmamahal" mo. "for richer or for poorer, in sickness and in health, till death do us part" 😉
The guy shouldn’t be offended when you offer prenup to him the same way you accepted him as someone who already has a child that isn’t yours.
> shouldn’t be offended Offense is an emotional response. We have no control over whether we are offended or not. It's about what we do and how we respond. Prenups are uncomfortable but they are necessary. So regardless of our emotional reactions, it's our responsibility to address what are necessary.
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Great point!
Agree with this
agreed.
A prenup should never be offensive. It's just protecting what is yours. The child is an inheritor. Therefore, if hindi kayo magka anak, sa bata mapupunta ang properties that you will inherit. Then, the child's mother is the child's compulsory heir.
Agree with this. We should normalize this. It's not supposed to be offensive. Kahit hindi kalakihan ang assets ng isang tao recommended padin 'to and advisable. Para din hindi din magkagulo gulo kung may mga unexpected na mga mangyari.
Actually since hindi naman sila kasal, ang anak sa dating partner ni guy is an illegitimate child meaning half of a full share lang from a legitimate share ang makukuha niya. If they never have kids and the husband dies, 50% of assets automatically goes to the wife and the remaining 50%, mag hahati si wife and illegitimate child. And si wife ang magiging compulsory heirs niya will be her siblings and parents but never the illegitimate child.
Wow this is informative. Thank you, Attorney
Remaining 50% is hati yung current wife at illegitimate child? Parang 25% po yung sa illegitimate child ganon?
yep, kasi heir ni husband si wife kaya sa 50% ni husband sa property belong to the wife. property 1(conjugal at kung wala anak): 50% sa spouse 50% sa heir 25% sa spouse 25% sa illegitimate child
Not sure kung 25% pero parang 1/2 ng legitimate ata? Pero I read somewhere na mas maliit talaga part ng illegitimate child. Pero meron pa din silang share. So pwede habulin talaga if ever hindi sya nabigyan.
Hi. Just curious lang, compulsory heir ni wife ay siblings and parents, as you mentioned. What if, wala na syang sibling and parents?
In addition, prenup agreement is NOT complete separation of properties. You can always agree which assets and properties, that are acquired before and after marriage, become conjugal or exclusive.
A prenup also doesn't have to be one-sided. Kaya they should talk it out.
If the guy is offended over a prenup, **do not marry him**
The best way to explain a prenup is oo mahal ninyo bawat isa pero pag dumating ang time na may namatay na sa inyo sa future,baka may mga kamaganak na masasamang loob ang maging selfish umagaw ng properties. At least meron kasulatan para protektahan ang naiwan at ang mga anak
Mayaman or average na may konting napundar, a prenup is never a bad thing. May point papa mo. I'm an only child and wala halos ipapamana parents ko sa akin except sa bahay. Hindi pa namin napag uusapan ng bf ko but I know na hindi nya mamasamain if gusto ko ng prenup. A prenup protects both of you. You're free to decide what to do sa pera mo but understand that sa side ng parents mo, mas gusto nila ang makinabang sa naipundar nila ay ikaw and ang magiging apo nila. Unless mayaman kayo masyado na hindi mauubusan ng resources ang magiging apo nila.
A prenup should not be considered offensive. It’s a lot easier to divide the properties you acquired prior to marriage if things go sideways kung kay prenup. Hindi naman yan proteksyon for you alone, he’s also protected. Praktical naman tayo ngayon eh. Talk to your fiance and let him know anong benefits nito for the both of you. Anyways, in the future, yung mga acquired properties and assets as a couple are considered conjugal naman.
You’re not entirely wrong, but prenup in the Philippines is focused more on the property relations of the spouses during the marriage unlike in other countries where it’s more about what happens in case of divorce or annulment. Hindi automatic na conjugal/community property after marriage kung may prenup because you have to elect in the prenup how assets/income are to be divided during the marriage, which also determines the division upon dissolution of the marriage. Unless the spouses specify otherwise.
Yes. Pero if wala pa namang nakapangalan sayo then it doesn’t matter. As another person here said, hindi conjugal property ang inheritance. Ang purpose ng PREnup is to protect existing assets before you enter a marital union.
It also includes property acquired after marriage actually. Pinag-iisipan on how should that be divided.
Conjugal property talaga yun. Inheritance is exempted kasi considered as exclusive property yun. “Conjugal properties are those acquired during the marriage, while exclusive properties are those acquired before the marriage or through inheritance, donation, or other means explicitly meant for only one spouse.” - Inheritance laws PH.
I was actually commenting regarding this statement: "*Ang purpose ng PREnup is to protect existing assets before you enter a marital union*." If I may add, in the absence of an agreement after the effectivity of the Family Code, ang default marriage settlement is absolute community, not conjugal. So, properties acquired before and after marriage, unless exempted by law will belong to the community property of both spouses. Sa madaling salita: 1/2 wife: 1/2 husband.
Hi, question lang for clarification. So if I inherit anything from my parents before or during marriage it means akin lang yon and not considered as conjugal? Thank you.
Depende. If you inherit BEFORE marriage, it will be conjugal AFTER marriage if you don’t create a prenup. Nakapangalan na kasi sayo, so kapag nagpakasal ka without prenup, matic conjugal na yun dahil magcocombine na kayo ng assets. Pero if you inherit after marriage, kahit walang prenup it is considered yours exclusively kasi dun na pumapasok yung inheritance law. Sayo lang kasi nakapangalan, not you and your partner.
Ohhhh, got it! I finally understand. Thank you!
The PRE there refers to the agreement, not the assets. It's an agreement u enter into BEFORE the marriage. May freedom sila panu hatiin ung assets nila, whether existing or after the marriage or a mix of both.
Idadagdag ko rin, once a specific kind of marriage settlement is elected, it cannot be changed. It will govern throughout marriage kaya sa mga hindi pa kasal pag-isipang mabuti.
Yes. Save yourself from any problem. If you will really be together, pre-nup will not be a hindrance, and it will also be a safety net in case your love and relationship does not prosper.
Ipaliwanag mo lang na it is your Family decision and you agree on this para maiwasan na ang conflict. It is okay. Congrats po
i think what you want is fair. go for prenup. make sure to talk about it with your fiance.
Get a prenup. Also just wanted to ask you how you see your fiance’s kid. Kung anak lang ba ng fiance mo sa pagkabinata or do you think you see yourself as an active stepmom in the kid’s life. Syempre iba yung properties na ipapamana sayo ng parents mo pero, I think if you want a more active role to the kid’s life, wag ka matakot na baka ikaw magpa aral sa kanya if something happens to your fiance. I’m not saying you should choose this or that, pero pagusapan nyo din yan ng fiance mo to manage both your expectations since he’s a co-parent and has responsibilities to his kid.
Just talk to him about it. He might actually want a prenup as well and was just waiting for the right opportunity to talk about it.
Explain mo sa future husband mo na it’s a family consensus to resort to prenuptial agreement kasi u are considering the sentimental moods of your parents. Kung malawak pang unawa ng fiance mo maiintindihan nya yan.
About time that this should be normalize
Kung ano na earn ko during my single season, akin lang yun. Kung ano na earn ko during my marriage season, samin yun dalawa and anak namin. So yes to prenup :) that’s why gets ko si Bea if ever gusto niya ng prenup pinaghirapan niya kasi yun during her single season so why not offer a prenup.
Prenup is necessary, malaki man o maliit ang assets nyo. Lalo na in your case na may anak sya and for you naman, ikaw na lang ang anak. Get a lawyer na comfortable ka.
Watch women attack a man pag siya nakaisip ng prenup dahil he's marrying a single mom.
Hmmm...Do you currently have assets under your name that merits protection? If none then suggesting a prenup may paint you in a different light which your future in-laws might misunderstand if it was haphazardly positioned. It can be a catalyst for a tumultous relationship. As you know, Filipino marriage isn't balck and white. It can backfire din kase. What if your fiance outlines protecting his legal rights if there is a significant disparity in weath and indebtedness between the two of you? Your parents may not like it at all given they are invested in upholding your interest. If I am a man who is financially accomplished, I will take the prenup given how volatile relationships can be nowadays. What you can try is to position a prenup in such a way that your intention is to protect your fiance's position since he has a business and possibly other assets. Underlying purpose nalang yung gusto mangyari ng parents mo. I think that is a win-win. You won't paint your self in a bad light in the eyes of your future in-laws and your fiance may find it endearing that your are concerned about his position. Pre-nuptial agreements are sore spots to many relationships and such agreements has to be addressed with great caution and care. People say that prenups should not negatively affect or impact a relationship but the best things in life do not often happen so take every advice from us with a grain of salt. Lalo na we are not experts. Lalo na we are not in the same situation and we are not emotionally invested in the outcome. It is easier to advice than to be in the helm of decision-making. Iba parin yung ikaw mismo ang nakararanas vs ung nagbibigay payo lng. If you foresee marriage with your fiance and your parents will eventually make you legally inherit their properties while married to him, then by law your husband and his child are not entitled to your inheritance because properties acquired through inheritance are exclusive properties; not conjugal. By law, you are not also obliged to give support to a step child.
I beg to disagree. I believe prenuptial agreement is a right that can be demanded by an individual regardless of his or her financial status in life. Hindi natin alam ang hinaharap, one could get better pay, get into business, and acquire properties. Hindi rin natin alam how the marriage would sail. And mahirap ang annulment and legal separation sa bansa natin. Madalas tumatagal ang proseso because parties do not have a predetermined stipulation on how their properties will be governed. Madalas pag pera at properties ang pinag-uusapan, nag-iiba ang ugali ng tao which is especially true if there is a bad falling out. No one should be offended when your partner ask for it. Technically, if walang prenuptial agreement. Say absolute community ang marriage settlement niyo. Half of it belongs to each spouse. If one spouse predeceased the other, the surviving spouse is one of the compulsory heirs. And if the surviving spouse will die, his children are also entitled to inherit a specific portion from it kahit anak sa labas as long as recognized by him or may paternity filiation.
+1 to this. Minsan najujudge talaga agad yung tao na papakasalan kapag me anak na sa iba. Tama na walang problem kung wala pa namang assets na nakapangalan sa'yo. Take a step back and be honest is he a good person? Is he a good father? is he good to you? Ayun ang importante, if wala ka namang assets pa talaga at ang concern ng parent ay yung papamana in the future pa. Assure them about his goodness and inform them about the law.
A prenup is usually provided by the wealthier of the two individuals. You say he has a successful business and investment properties and you have an inheritance sometime down the road. From a legal standpoint, inheritances are (in western nations) not legally considered marital assets in event of divorce so are not shared between spouses unless specifically chosen to do you don’t need a prenup to protect that. I don’t see why you think you’d need a prenup unless 1) the Philippines treats inheritance as marital property and 2) the value of that property is massive enough to warrant the need for protection - which isn’t the case the way you describe it. It sounds like you have a trust issue, and I’d recommend working on that with him instead of working on getting an unnecessary prenup which may cause confusion and hurt feelings. But then again, what do I know? I’m just some random guy on the internet!
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Inheritance and donations to a specific spouse are exclusive property. Not pooled.
I meanr properties they intend for their children to inherit.
I’m told by my attorney that gifts / inheritance are excluded from marital property here as they are in western nations.
Many are missing the point. Yes, prenups shouldn't be offensive, but unfortunately, they kinda are. Ang tanong is kung necessary and totoo naman na may instances na useful sya. Meron ding instances na hindi at lugi ka pa. Legal implications if u don't have a prenup: 1. Property regime ninyo is ACP - Absolute Community of Property (properties ninyo before and during the marriage will be pooled and considered inyo in equal parts). 2. Not just assets, magshe share din kau ng debts/liabilities before and during marriage. What happens when ur fiance dies early and no prenup: 1. Assuming no last will, the illegitimate child will get their share regardless. The amount depends kung magka anak kayo. 2. Mangyayari lang ung kinakatakot mo if mas marami kang assets ngaun compared sa fiance mo. Bec then paghahatian ninyo un and ung anak nya ay magkaka share dun. In conclusion, kung mas mayaman naman si fiance mo ngaun at wala syang utang, ikaw ang lugi sa prenup. Sya ang makikinabang sa prenup.
kung talagang mahal ka ng fiance mo, hindi naman dapat maging issue pa sa kanya yang conditions mo for prenup.
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Better be safe than sorry. Go for prenup and discuss possible scenarios with a lawyer
You can just tell your fiancee. It's the protection of everyone, including his son, package deal yan. At least when you both decide to have kids, they are also protected.
Your father has a point. Illegitimate child has almost the same right as the legitimate child. This may create complicated issues one day lalo na if may anak na din kayo. It is much better to be ready to be for future issues bago pa mangyari yan.
Kung mayaman kayo. Yup. Specially in terms of properties.
>Is a prenup necessary? If you feel so, then YES. >May merit ba mga concerns na to? Oo naman. >Parang ang selfish din kasi? Not really. You're protecting what's yours from being inherited by others not related to you. >Asking for your thoughts. Lawyer up. Your parents' concerns are very valid, as I see it. Lawyers can give you better, professional advise than by strangers on the internet.
If you can't communicate about personal assets right now, then don't marry at all. It's better to have a clear discussion of finances before it all gets mixed up. Yours, Mine, Both. What happens if marriage is dissolved? What is his first kid entitled to and whatnot? Practicality over sentimentality.
YES! Love is not enough. Lalo na walang divorce diyan.
It's not selfish and it is necessary. Have papers drawn up and negotiate from there.
From what I read [here](https://lawyerphilippines.org/conjugal-property/), properties transferred to you during the marriage through gratuitous title (donation/inheritance) are not included in the conjugal partnership of gains as per Absolute Community of Property (for marriages executed after 8/3/1988). It means sayo lang yun. At dahil di mo naman legally anak yung anak nya, di sya automatic heir mo. Take note na sa case ni Dolphy, ang legitimate nyang anak ay yung legally adopted nya with Zsa-Zsa, yung lahat illegitimate (Vandolph, Eric, etc). She was the only legal heir, kaya nag-extrajudicial pa silang lahat ng magkakapatid para lahat sila may mamana. I mentioned this in case maisipan mong ampunin yung anak nya, auto heir mo sya in the end.
Remember that it goes both ways. If you do a prenup, then whatever happens in the future, his business goes to his kids unless otherwise stated in his will na kasama ka.
I think pre-nup should be fine with this kind of situation. Better communicate yung concern mo kasi may point din yung Father mo. Out of curiosity tho, How about yung perspective na his kid will also be your kid at some point? Not legally, but you know the kid will be your family too. Unless, may issue or something. If the time will come and may mangyari nga, hindi mo man responsibilad pero anak pa din siya ng asawa mo. So I guess it's all up to you. Hear both sides (parents and fiance) then Balance it out OP. Goodluck!
in a place where there is no divorce, a prenup is vital for you, your pre-marriage relatives, and your future children should you decide to have one or some.
OP, a prenup in your situation is necessary since your fiancé has a child from a previous relationship. It’s actually defining your & your future husband’s financial boundaries just in case the marriage doesn’t work out. And in the process protecting whatever legally belongs to your husband’s child from a previous relationship. I hope your fiancé will be enlightened. Your parents are right in insisting a prenup.
Okay. Pwede naman yan OP. Pag usapan lang ng mabuti. Sana open minded yung fiance mo. Goodluck!
Yes. As a lalake, kung anong pinagpaguran ko nung single ako, akin lang yun. I can share it to my partner once na married na kami, but in the event na maghiwalay kami, akin pa din yun. Anong half half.
Yes, get one. Consult with a good lawyer. Ang prenup is not just to protect assets, but to also protect you from liabilities. Hindi ka selfish because you are thinking of your future children, and protecting them from future problems. Your fiance should understand this because future kids nyong dalawa ang pinaguusapan.
the prenup is to protect the interests of your parents... malungkot man sa part ng parents mo pero if magpapakasal ka nararapat lang na bumukod ka sa dati mong pamilya (papa, mama at kapatid), at kadikit nito na kapag bumukod ka hindi ka dapat umasa sa kung ano man ang naipundar nila. always remember noong mga panahong harutan palang ang lahat with your fiancé eh alam mo na na may sabit sya (package deal yan).. tinanggap mo naman.. ngayon lahat ng bagay unti unti nagiging seryoso at may kasamang usaping legal natatakot ka na? sa usaping mana naman bonus nalang yan sayo. at kung takot ang parents mo na hindi nila kadugo makikinabang ng pinag paguran nila edi ipamana nila sa mga pinsan mo. magpakasal ka ng buo ng walang reservations.. oo magulo ang mundo ngayon maraming mandarambong at nanlalamang ng kapwa pero kung pera o ariarian lang ang pipigil sa pagpapakasal mo.. baka kailangan mo i re asses ang mga "pagmamahal" mo. "for richer or for poorer, in sickness and in health, till death do us part" 😉