Intercountry Marriage - The Importance of Prenuptial Agreements

Cross-border marriages are not uncommon in the Philippines. In recent years, the number of Chinese-Filipino unions has gradually increased. However, cross-border marriages will face more challenges due to the different levels of education and upbringing of the two parties. It is important to know that a promise is not as good as a prenuptial agreement! Today, I would like to talk to you about the importance of prenuptial agreements for cross-border marriages.



Do we need a prenuptial agreement?

Most of us think that a purely broken relationship shouldn't be confused with material things. However, the reality is brutal, leaving aside issues of principle, even the smallest thing can be a trigger for couples in the future.


How can you fight for your rights in divorce proceedings without any prenuptial agreement? Truth be told, the law has seen too many cases of cross-border marriages where couples fight to the death for custody, property or other benefits. Most of the multinational couples in divorce proceedings lament the fact that there was once no concept of a prenuptial agreement, which is what makes it so time-consuming and costly today. Therefore, it is best to take precautionary measures before it is too late, after all, no one can predict the future.


A prenuptial agreement is also a form of contractual love as it makes clear arrangements for prenuptial property, which can reduce future worries and allow both parties to devote themselves wholeheartedly to the pure relationship. It can be seen that prenuptial agreements can promote marital harmony under certain circumstances and make cross-border marriages more secure.


How do you write a prenuptial agreement?

✦ Child support arrangements/parenting plans. This includes meeting the child's needs, custody, support, and how to work with each other to reduce the impact on the child;

✦ Citizenship of the children;

✦ Alimony;

✦ Property distribution. This includes cash, local investments, real estate and personal property, premarital property, marital property, and gifts given by the couple to each other;

✦ Assurance that company operations will not be affected by a divorce between shareholders;

✦ Debt issues before and after the marriage; and

✦ Agreement on liability for debts incurred by the couple in their joint lives.



Can I download the prenuptial agreement template from the Internet?

It's advisable to avoid using random online prenuptial agreement templates for three reasons:

✦ There is no guarantee that these templates are professionally drafted;

✦ Due to changes in laws and regulations, there may be outdated provisions; and

✦ It may not be consistent with the parties.


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