I will be getting married in Dumaguete in December. I'm in my 60's my bride is in her 50's We have agreed on a prenuptial. Is there a lawyer in Dumaguete that can write up the contract? Bill
All prenups have to be done before you are married here with anything to do with property etc. Try miguel law offices at the back of robinsons mall.
You may have agreed on a prenuptial but did your future bride? Google: prenuptial photos Philippines to see what filipinas think of as preuptials.
Perceptions..... Marriage Settlement (Prenuptial Agreement) and Introduction to Property Relations in Marriage | Philippine e-Legal Forum
I always found it a funny concept, a prenuptial in a country where there is no divorce.. Mind you, most filipina consider a prenuptial photo shoot a prenuptial... i found this out myself when my fiancee (now wife) asked for a prenuptial. One of those famous misunderstandings. If both really want a prenuptial agreement and agree what this means, i suggest to get married in Hong Kong.
If you have a notarized pre nuptial here, but you put the home you buy in your wife's name you would have to sue her when you split up to get your pre nuptial enforced (will take years) . Funny law but very true. If you (4ner) pay for the property, buildings, renovations, etc) make a loan agreement with your wife, register the loan (chattel) against the title of the house (second page of title) and the house can not be sold (and you screwed) until what you invested is returned. Make the loan an interest only, compounded loan and if she tries to sell after ten years,double what you invested will be owed to you or your estate (if you die) . In addition get a 25/25 year lease from her (out lives you) and then her grandchildren can fight over the place 35 years after you are dead.. But we all know our wives here would never do that to us lol.. good luck....
Giving out a loan for buying the land you're not allowed to own looks like an interesting way to ensure staying in control or at least insuring against the worst case. Anybody did that in practice? Isn't such a construction, especially if combined with a 25/25 year loan easily declared null and void at court because it's effectively turning the person taking out the loan and "owning" the land into a mere straw (wo) man in a very obvious way?
I know several 4ners who have done the 25 year lease, with the automatic 25 year renewal.Completely legal here (4ners can enter into a lease agreement not to exceed 25 years, hence the automatic renewal after 25 years). Lending your partner money to buy a home and land is much more believable in court than the dummy "corporations" that some use to hold 40% of a business or property. Try and explain to a judge how the 3 or 4 "token" pinoys....... farmers, sari sari staff, car wash jockeys came to invest millions in the property and have signed a non voting status for the company's business. That's a scam that has been and is aggressively challenged in court. If your partner knows she is tied up legally with respect to your staying on the property (lease) and knows she will get nothing if she repays you after selling the house (loan) she is less likely to change the locks, move in her "cousin" and leave you penniless and homeless when you return from a round of golf!!! Mr Davidson whom started this thread is asking a good question and shown unlike many of us here (myself included) he is starting his life here thinking with his big head lol. Good luck buddy and excuse my sarcasm.