Florida Prenup for a Filipino Spouse or Marriage in the Philippines (2026)

By Nadia Pazos, Family Law Attorney, Pazos Law Group · Updated October 22, 2026

Pazos Law Group, a family law firm in Coral Gables, drafts and reviews Florida prenups for couples marrying in the Philippines or with a Filipino spouse, in English or Spanish. Planning a Philippine wedding followed by a Florida home calls for discussing the settlement before the marriage, with separate advice on each country’s requirements.

Philippine Marriage Settlements: Address Them Before the Wedding

The Family Code’s articles 74–81 supply the starting points for a discussion with Philippine counsel. Article 74 puts marriage settlements executed before marriage first in the order governing spouses’ property relationships, followed by the Code and local custom. Article 75 allows future spouses to agree on a property regime, including absolute community, conjugal partnership of gains or complete separation of property. Its default rule says: In the absence of a marriage settlement, or when the regime agreed upon is void, the system of absolute community of property as established in this Code shall govern.

Article 77 states: The marriage settlements and any modification thereof shall be in writing, signed by the parties and executed before the celebration of the marriage. It adds: They shall not prejudice third persons unless they are registered in the local civil registry where the marriage contract is recorded as well as in the proper registries of properties. Signing and registration therefore raise separate questions for Philippine counsel. Do not assume a Florida document or a later move takes care of both.

Article 76 addresses modifications before celebration, subject to its listed exceptions. Articles 78–79 add participation requirements for the circumstances described there involving a minor or a person under civil interdiction or another disability. Article 81 makes marriage-dependent stipulations void if the marriage does not occur, while preserving stipulations that do not depend on it. These provisions need a Philippine lawyer’s application to the couple’s actual circumstances.

Source: Philippines Family Code, arts. 74–81.

Moving to Florida Does Not Answer the Philippine Choice-of-Law Question

Article 80 begins: In the absence of a contrary stipulation in a marriage settlement, the property relations of the spouses shall be governed by Philippine laws, regardless of the place of the celebration of the marriage and their residence. The listed exceptions include Where both spouses are aliens. The other two concern the extrinsic validity of contracts affecting property outside the Philippines: contracts executed where the property is located, and contracts executed in the Philippines where the foreign property’s law requires different formalities.

Ask Philippine counsel whether article 80 applies, what a contrary stipulation would accomplish, and which registration steps concern your property. The exception for both spouses being aliens should not be treated as an exception whenever just one spouse is foreign. Florida’s permission to choose the law governing construction of a prenup does not establish what a Philippine court will do.

Source: Family Code, art. 80.

The Florida Draft: Terms, Disclosure and Consent

Section 61.079(3) states: A premarital agreement must be in writing and signed by both parties. Under subsection (5), it becomes effective upon marriage. Subsection (4) permits terms about property rights and management, disposition on separation or death, spousal support, estate arrangements, life-insurance death benefits and the law governing construction of the agreement. Those permissions have limits, including: The right of a child to support may not be adversely affected by a premarital agreement.

Section 61.079(7)(a) provides distinct grounds for nonenforcement in proceedings under the Florida Family Law Rules of Procedure: involuntary signing; fraud, duress, coercion or overreaching; or an agreement unconscionable when executed together with all three financial-information conditions. Those conditions are lack of fair and reasonable disclosure, no voluntary and express written waiver of further disclosure, and no adequate knowledge or reasonable ability to have that knowledge. Incomplete disclosure alone is not a complete statement of that third ground.

Source: Fla. Stat. § 61.079(3), (4), (5), (7)(a).

Separate Lawyers, Video Review and Language Access

Each spouse should have independent counsel. If a fiancé(e) is in the Philippines, arrange review by video with that spouse’s own lawyer and provide the draft and financial schedules beforehand. Discuss bank accounts, real estate, business ownership, debts and expected transfers, identifying currencies and the dates used for values. Each person needs space to ask questions and request changes without the other answering for them.

Arrange translation of the agreement and relevant schedules, plus an interpreter where needed, so consent is informed. English or Spanish service does not mean the firm supplies Filipino-language legal advice. Keep translated versions aligned with the final draft. A video meeting is a way to review terms; it is not proof that execution or remote notarization is available.

Death-Related Waivers Need a Separate Witness Check

A prenup that waives the surviving-spouse rights listed in § 732.702(1), such as elective-share or homestead rights, needs a separate execution analysis. The statute requires a written waiver signed by the waiving party in the presence of two subscribing witnesses. It limits that witness requirement to waivers signed by Florida residents after the law’s effective date. It also recognizes a nonresident’s waiver if valid when executed under the law of the state or country of execution, even if that person later resides in Florida at death. Counsel should determine residency and the applicable formalities; a trip abroad does not settle either question. Notarization does not replace required witnesses.

Source: Fla. Stat. § 732.702(1).

Signing in the Philippines and Planning a Move

Before signing abroad, have Florida counsel identify the required signatures and any applicable witnesses, and Philippine counsel check local execution and registration. Section 61.079(3) itself does not require notarization, but that does not resolve every document or jurisdiction. If a notarial act is needed, confirm the lawful provider, procedure and document requirements with counsel. Pazos Law Group’s review service is not a representation that the firm notarizes documents abroad.

Some couples also discuss K-1 or CR-1 plans while organizing a marriage and a move. Those are background immigration issues only on this page. An immigration lawyer should address visa eligibility, applications and obligations; a Florida prenup review does not provide immigration advice.

What to Organize Before Signing

• Give both lawyers the proposed marriage date, residence plans and any existing settlement.
• Ask Philippine counsel about articles 75, 77 and 80 before choosing the property terms.
• Exchange financial records and arrange each spouse’s independent review and translation.
• Confirm execution, witnesses and registration separately; retain the completed documents.

Frequently Asked Questions

Can we leave the Philippine settlement until after the wedding?

Articles 76–77 place the described settlement and modification steps before celebration, subject to the exceptions in article 76. Consult Philippine counsel before marrying. A Florida lawyer can assess the Florida agreement, but cannot establish that a later document cures a Philippine-law issue.

Does a Florida-law clause eliminate the need for Philippine advice?

No. Article 80 addresses applicable law and specified exceptions; article 77 separately addresses third persons and registration. Have Philippine counsel assess those provisions. Florida § 61.079(4)(a)7 permits a choice-of-law term for construction of the agreement, without promising recognition abroad.

Primary Sources

• Philippines Family Code, arts. 74–81
• Fla. Stat. § 61.079
• Fla. Stat. § 732.702

Related Reading

• International prenuptial agreements in Florida
• Marrying abroad with a Florida prenup
• Independent Florida prenup review
• Is a foreign prenup valid in Florida?

Attorney advertising. General information, not legal advice.

The information on this page is for general informational purposes only and does not constitute legal advice, and it does not address the law of any state or country other than Florida except as expressly noted. Reading or sharing this content does not create an attorney-client relationship with Pazos Law Group. Florida law and the application of statutes change over time; please consult a licensed Florida attorney about your specific situation, and counsel licensed in any other state or country whose law may apply.