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Pre-nuptial agreement and its limitation. Seeking Advice

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Arresto Menor
Hello. Good day to everyone. I'm just curious about this whole pre nuptial agreement thing.

What if the other party do not agree with it, and instead, he or she will make a statement or waiver that he or she will not benefit of the entire property and inheritance of the other party.

Pwede po ba yon? Na waiver nalang instead of pre-nuptial agreement?

Please I need advice on this.


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Reclusion Perpetua
Why settle for less? Go pre-nup if it is the interests of both, surely it is clearer and legally binding.

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Arresto Menor
Hi Marlo,

Hindi kasi mutual ung decision na mag pre-nup agreement eh. Mas gusto nung isa na gumawa ng waiver na hindi niya gagalawin kung ano man ang pagmamayari ng partner niya. One sided lang kung baga kasi gusto naman niya ishare kung anong meron siya sa partner niya kaya waiver lang ung gusto niya.

Okay ba yun?

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Arresto Menor
Seeking advice. Hopefully, you can help me understand the scope and limitations of prenuptial agreement.

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waivers are generally invalid.

what is the property situation that they are trying to avoid? if it is inheritance, even without a prenup, any inheritance of a spouse received during a marriage will not be part of the conjugal assets. it will remain to be the sole property of the heir.

if the inheritance was received prior to the marriage, and they want that property to be the sole property of the heir, then a pre nup is required to be filed

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