Professional Documents
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- AND -
WITNESSETH:
WHEREAS, the “FIRST PARTY” and “SECOND PARTY” did not enter into any
marriage settlement before they were married; hence, in the absence of any
marriage settlement, the property regime governing the properties of the spouses is
the absolute community property as prescribed by the Family Code of the
Philippines;
WHEREAS, the “FIRST PARTY” and “SECOND PARTY” desire to change the
present property regime governing their property relations from Absolute Community
of property to Complete Separation of Properties;
WHEREAS, out of their union the parties begot ____ (___) sons, namely,
_________________ (___ years old) and __________________ (__ years old);
1. The parties agree that, with the approval of the court through a petition to
dissolve the absolute community of property and/or annulment of
marriage or any other suit or action, the property regime that will govern
their property relations in their marriage will be the Complete Separation
of Property;
2. Each spouse shall own, dispose of, possess, administer and enjoy his or
her own separate estate, without need of the consent of the other. To
each spouse shall belong all earnings from his or her profession, business
or industry and all fruits, natural, industries or civil, due or received
during the marriage from his or her separate property;
3. The “FIRST PARTY” and “SECOND PARTY” shall give financial support to
their minor children to cover the basic needs set forth by law;
4. The “FIRST PARTY” shall be accorded full custody over the minor children;
5. The parties further stipulate that the “SECOND PARTY” shall exercise his
visitation rights over their minor children any time whenever possible.
The minor children may also be borrowed and be allowed to visit the
“SECOND PARTY” with the consent of the “FIRST PARTY”. The parties
shall make arrangements regarding the visitation rights over their
children, subject only to the limitation that the child shall not be taken
anywhere without informing the “FIRST PARTY” and the consent of the
latter shall also be first obtained;
6. The “SECOND PARTY” hereby agrees that the “FIRST PARTY” shall no
longer use the surname of the “SECOND PARTY” and shall revert back to
her maiden name.
IN WITNESS WHEREOF, we have hereunto set our hands and affix our
signature this ___________________ at _________________, Philippines.
______________________ ____________________
“FIRST PARTY” “SECOND PARTY”
TIN No. ____________ TIN No. _____________
ACKNOWLEDGMENT
BEFORE ME, a Notary Public for and in the City of _________, personally
appeared the parties, personally known to me and to me known to be the same
persons who executed the foregoing instrument and they acknowledge to me that
the same is their free and voluntary act and deed.