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Report: Article 77 of Family Code of the Philippines

  • Writer: Kid Bernabe C. Abay-abay
    Kid Bernabe C. Abay-abay
  • Oct 11, 2017
  • 1 min read

Article 77. The marriage settlements and any modification thereof shall be in writing, signed by the parties and executed before the celebration of the marriage. 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. (122a)


- This article enumerates the requisites of a marriage settlement. The requisites are that the marriage settlement must be: (1) in writing, (2) signed by the parties thereto, (3) executed before the celebration of the marriage, (4) marriage must be celebrated, and (5) duly registered in the civil registry and registry of property in order to bind third persons.


While the general rule is modifications made after the celebration of the marriage is void, however it is not absolute. Modifications may be allowed provided that such modification has a judicial approval and should only refer to the instances provided in Articles 66, 67, 128, 135 and 136 of the Family Code. Otherwise, the modification is not valid.


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