What is a prenup agreement? Family lawyer answers

Following the news of Bea Alonzo and Dominic Roque's split, speculations on the reason for their breakup flooded the internet.

Some people online wondered if it had something to do with a prenuptial agreement. But what exactly is this?

In Mariz Umali's report on "24 Oras," Wednesday, family lawyer Atty. Gaby Concepcion explained the purpose of the document.

"Ito ay isang kasunduan na pinapasukan ng isang babae at lalaki na ikakasal, para ito mag-govern kung ano ba ang magiging kasunduan nila at patakaran insofar as their property is concerned," she said.

Heart Evangelista and Senator Chiz Escudero were among the well-known personalities who confirmed that they have a prenuptial agreement.

Each agreement varies, but usually it talks about the business, income, inheritances, and debt of both parties.

Concepcion said that a prenup is important, because according to the Family Code, "'pag kinasal kayo, lahat ng property na ari-arian ninyo bago kayo ikasal, halos lahat ng property na i-e-earn mo, ay magiging property nung mag-asawa."

"Kunwari ako, bago ako ikinasal at meron akong mana na 100 million, kung may mangyari sa 'min at maghiwalay kami at magpapartihan kami ng property, 'yung 100 million na 'yun, 50 sa akin, 50 sa kaniya which is why a lot of people don't like it," she added. "Nagkakaroon ng, 'Baka kaya ka pinakasalan kasi mayaman ka, siya hindi.'"

In the Philippines, Concepcion said prenuptial agreements are not well accepted because, according to couples, they take the romance out of a marriage.

"Kung minsan naiinsulto 'yung mga partido, 'Bakit akala mo ba pinapakasalan kita dahil mapera ka at ang habol ko lang ay pera mo?'" the lawyer said.

She then reminded that a prenuptial agreement can only be considered effective if it is written, signed by both parties, and agreed upon before marriage.

It must also be registered in the civil registry where the couple got married and in the property registry where their properties are indicated.

—Carby Basina/MGP, GMA Integrated News