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AllBar 2024CIVIL LAWIII. PERSONS AND FAMILY RELATIONSK. Property Relations Between Spouses (Family Code, arts. 74-81)2. Marriage Settlements - Family Code, arts. 75-81c. Separation of Property Regime - Family Code, arts. 143-146

Question

Marriage Settlements - Separation of Property Regime

Marla and John, a married couple residing in the Philippines, have decided to enter into a marriage settlement to establish a separation of property regime. They wish to protect their individual assets from any liabilities and obligations incurred by the other spouse during the marriage.

Marla owns a successful business, while John is a medical professional with considerable earnings. They want to ensure that their respective properties, as well as any income derived from those properties during the marriage, remain separate.

Based on the provisions of the Family Code of the Philippines, particularly Articles 143 to 146, answer the following practical scenarios:

  1. Marla wants to ensure that her business remains her exclusive property and that John will not have any claim over its assets and income. What specific steps should Marla take to achieve this under the separation of property regime? Discuss the legal requirements and procedures involved.
  2. John, on the other hand, has concerns about potential liabilities arising from his medical practice. He wants to ensure that his earnings and assets remain separate from Marla's, to protect them from any claims or obligations. Explain the steps John needs to take to safeguard his assets and income under the separation of property regime, and the legal implications involved.



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