Practice question
Spouses married in 2021 without a settlement and are governed by absolute community. In 2026 they privately declare that complete separation applied from their wedding, solely to defeat an existing creditor. No lawful judicial or statutory separation mechanism is established. Which analysis is best?
- A bare postmarital declaration cannot be assumed to retroactively replace the regime and defeat protected third-person rights
- Any private preference always changes the regime retroactively
- Every creditor loses rights when spouses sign a new paper
- The default never began without a notarized request
- The spouses can repeal the Family Code for themselves
Legal references
- Family Code Articles 75-77 and 135-136: https://lawphil.net/executive/execord/eo1987/eo_209_1987.html
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