Practice question
Spouses validly marry under a settled regime and later privately sign a document purporting to replace it retroactively solely by mutual preference. They invoke Article 76 as permitting every postmarital modification. No statutory exception, court order or other lawful mechanism is established. Which analysis is correct?
- Mutual preference automatically defeats all timing rules
- Article 76 generally requires premarital modification, subject to its specified exceptions; the bare private agreement does not establish a permitted later change
- All marriage settlements can be rewritten without limits
- Every later agreement automatically prejudices prior creditors
- The registry can create a substantive exception merely by receiving a document
Legal references
- Family Code Articles 76-77: https://lawphil.net/executive/execord/eo1987/eo_209_1987.html
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