PRE-NUPTIAL AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This agreement, made and executed by and between:
____________________, American Citizen, of legal age, with
address at: ______________________________ Makati City
hereinafter referred to as the FIRST PARTY;
-and____________________, Filipino, Single, of legal age, with
address at _______________________________, hereinafter
referred to as the SECOND PARTY.
W I T N E S S E T H:
WHEREAS, after being in a relationship for several years, both
parties agree to contract marriage tentatively scheduled on December 10,
2013 subsequent to this agreement;
WHEREAS, both parties have previously discussed and have always
agreed to have a separation of property regime if and when they get
married;
WHEREAS, both parties recognize and agree that there is no coownership of properties between them as both came to own their
respective properties by virtue of their respective industry, work and other
resources, and hereby waive their respective rights they may have, if any,
under Article 147 of the Family;
WHEREAS, both parties agree that keeping their respective property
lines clear would be key to a successful marriage by avoiding any
misunderstanding and by clarifying that material possessions are not the
motive behind both parties intent to marry each other;
Now, therefore and in consideration of the foregoing premises both
parties hereby enter into a marriage settlement or pre-nuptial agreement
prior to any marriage with the following terms and conditions:
I.

Property Regime During Cohabitation

Both parties are aware of Article 147 of the Family Code, wherein
common-law marriages of persons capacitated to marry may give rise to
co-ownership in equal shares in the absence of proof to the contrary. To
clarify and avoid any misunderstanding on account of Article 147 of the
Family Code, both parties confirm and agree on the following:
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1. Unless expressly registered in the names of both parties, there is

no co-ownership between the parties as the properties, wages and
salaries of each other during the cohabitation were acquired or
obtained by their own respective effort, work or industry.
2. Real or personal properties, including bank accounts, shares of
stock, and other objects of value shall be owned exclusively by the
party in whose name it is registered, and if unregistered, in the
name of the party exercising sole and exclusive use thereof.
3. In case of real or personal properties or other objects of material
value, if any, that are not expressly registered in the name of the
respective parties, but are utilized by both parties, ownership shall
be determined in proportion to the share of the acquisition and
maintenance cost of such property.
4. Gifts by one party to the other shall be respected, and shall be
owned by the person to whom the gift is given.
5. Both parties recognize that the following properties (among other
real or personal properties registered in his name or exclusively
utilized by him) belong exclusively to the FIRST PARTY, with
SECOND PARTY having absolutely no property interest therein:
a. All Shares of Stock and property interest in Bolton
International, Inc. incorporated in the Philippines;
b. All Shares of Stock and property interest in BL Global
Services, Inc., incorporated in the Philippines;
c. All Shares of Stock and property interest in Bolton Group,
LLC incorporated in the United States; and
d. All shares of Stock and property interest in Bolton Group
Pte. Ltd. incorporated in Singapore.
II.

Property Regime During Marriage

Both parties agree that the property relation during marriage shall be
Separation of Property Regime, and hereby agree as follows:
1. All the property, real and personal, now owned or hereafter to be
owned by the FIRST PARTY shall remain to be his own exclusive
and separate property, subject to his sole disposition,
administration and enjoyment, while those of the SECOND
PARTY, shall likewise remain to be her own absolute ownership,
disposition and administration.
2. All the earnings from any profession, job, livelihood, business or
industry shall likewise belong exclusively to each party without any
co-ownership unless both parties expressly agree on the coownership, like for example joint bank accounts.
3. Separation of property shall refer to both present and future
property/ies.
4. Separation of property shall be total.
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5. Each of the parties shall own, dispose of, possess, administer and
enjoy his or her own separate estate, without need of the consent
of the other.
6. To each party shall belong all fruits, natural, industrial or civil, due
or received during the marriage from his or her separate property.
7. The following properties (among other real or personal properties
registered in his name or exclusively utilized by him) shall continue
to belong exclusively to the FIRST PARTY, with SECOND PARTY
having absolutely no property interest therein:
a. All Shares of Stock and property interest in Bolton
International, Inc. incorporated in the Philippines;
b. All Shares of Stock and property interest in BL Global
Services, Inc., incorporated in the Philippines;
c. All Shares of Stock and property interest in Bolton Group,
LLC incorporated in the United States; and
d. All shares of Stock and property interest in Bolton Group
Pte. Ltd. incorporated in Singapore.
III.

Family Expenses

Both parties shall bear the family expenses in proportion to their income,
or, in case of insufficiency or default thereof, to the current market value of
their separate properties. Family expenses may be placed in a joint
account in the name of both parties, in which case there is a presumption
of appropriate sharing.
The liability of the spouses to creditors for family expenses shall be
solidary.
IV.

Legal Separation, Annulment or Divorce

In case of legal separation, annulment, or divorce, and provided both

parties have recognized legitimate children, FIRST PARTY undertakes to
provide SECOND PARTY and the legitimate children a House and Lot
worth at least Fifteen Million Pesos (PhP 15,000,000), which shall be for
the exclusive benefit and use of the legitimate children of the FIRST
PARTY; provided the same shall not be alienated or encumbered without
the consent of all said legitimate children when they are of legal age.
SECOND PARTY shall benefit in the foregoing only insofar as being
the mother of the legitimate children of the FIRST PARTY, which benefit
shall be forfeited in case of remarriage, adultery, maltreatment of the
legitimate children of the FIRST PARTY, or if found by authority to be at
fault.
V.

Effectivity
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This agreement shall be construed in accordance with the respective

national law of the parties, and shall have the force and effect of law
between the parties regardless of the location of the properties.
Both parties are sophisticated parties who have read each and every
provision of this agreement, and understand the legal and pragmatic
implications of this agreement. Both parties have executed this agreement
upon their free will, voluntarily, without any reservation and without any
form of compulsion, trickery or fraud.
VI.

Severability

Should any portion of this Agreement be declared by any court of law

as illegal, invalid or ineffective, the portions not so declared shall remain
effective and valid and binding on the parties. When legally plausible, both
parties agree to replace any invalid provision with a valid provision which
most closely approximates the intent and economic effect of the invalid
provision.
VII.

Confidentiality

Each Party agrees to treat the contents of this Agreement and the
information relating to all material aspects of the agreement contemplated
hereby and/or contained herein as confidential, and agrees not to disclose
such information to any other party without the prior written consent of the
other Party, except that each Party may disclose such confidential
information: (a) to their attorneys involved in the agreement contemplated
hereunder on a need-to-know basis, provided that the disclosing Party
ensures that such other persons maintain confidentiality on the same terms
as this agreement; (b) if required by law or applicable regulation or by any
applicable government or regulatory agencies of the Philippines; and (c) as
required by virtue of a court order issued by a court with proper jurisdiction.
No Party shall make any public disclosures or statements to the press with
respect to the transaction contemplated hereunder without the prior consent
of the other Party hereunder.
IN WITNESS WHEREOF, the parties have hereunto set their hands on
December 9, 2013 at Makati City.

____________________
FIRST PARTY

____________________
SECOND PARTY

SIGNED IN THE PRESENCE OF:

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_______________________

________________________

REPUBLIC OF THE PHILIPPINES

S.S.
CITY OF MAKATI
BEFORE ME, a Notary Public for and in the above jurisdiction on this
__________________________, personally appeared;
NAMES

PASSPORT NO.
GOVERNMENT ID

ISSUED ON/AT:

____________________
____________________
known to me and to me known to be the same persons who executed the
foregoing instrument, and acknowledged that the same are their own free
and voluntary act.
This instrument known as Pre-Nuptial Agreement consisting of five
(5) pages, including this page whereon the acknowledgement clause is
written, has been signed by the parties and their instrumental witness on
each and every page hereof.
WITNESS MY HAND AND SEAL, at the place and on the date first
above-written.
Doc. No.
Page No.
Book No.
Series of.

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