PROPERTY RELATIONS

BETWEEN HUSBAND AND WIFE

CHAPTER 1
GENERAL PROVISIONS
Art. 118. The property relations between husband and wife shall be governed in the following order:
(1) By contract executed before the marriage;
(2) By the provisions of this Code; and
(3) By custom. (1315a)
Art. 119. The future spouses may in the marriage settlements agree upon absolute or relative community
of property, or upon complete separation of property, or upon any other regime. In the absence of
marriage settlements, or when the same are void, the system of relative community or conjugal
partnership of gains as established in this Code, shall govern the property relations between husband and
wife. (n)
Art. 120. A minor who according to law may contract marriage, may also execute his or her marriage
settlements; but they shall be valid only if the persons designated by law to give consent to the marriage
of the minor take part in the ante-nuptial agreement. In the absence of the parents or of a guardian, the
consent to the marriage settlements will be given by the family council. (1318a)
Art. 121. In order that any modification in the marriage settlements may be valid, it must be made before
the celebration of the marriage, subject to the provisions of Article 191. (1319a)
Art. 122. The marriage settlements and any modification thereof shall be governed by the Statute of
Frauds, and executed before the celebration of the marriage. They shall not prejudice third persons unless
they are recorded in the Registry of Property. (1321a)
Art. 123. For the validity of marriage settlements executed by any person upon whom a sentence of civil
interdiction has been pronounced, the presence and participation of the guardian shall be indispensable,
who for this purpose shall be designated by a competent court, in accordance with the provisions of the
Rules of Court. (1323a)
Art. 124. If the marriage is between a citizen of the Philippines and a foreigner, whether celebrated in the
Philippines or abroad, the following rules shall prevail:
(1) If the husband is a citizen of the Philippines while the wife is a foreigner, the provisions of
this Code shall govern their relations;
(2) If the husband is a foreigner and the wife is a citizen of the Philippines, the laws of the
husband's country shall be followed, without prejudice to the provisions of this Code with regard
to immovable property. (1325a)
Art. 125. Everything stipulated in the settlements or contracts referred to in the preceding articles in
consideration of a future marriage shall be rendered void and without effect whatever, if the marriage
should not take place. However, those stipulations that do not depend upon the celebration of the marriage

shall be valid. (1326a)