An antenuptial contract (ANC) must be signed before a notary public and registered in the Deeds Registry before the date of marriage to be valid against third parties.
The Matrimonial Property Act requires that an antenuptial contract be executed before a notary public before the marriage and registered in the Deeds Registry within 3 months of the marriage. Failure to register means the ANC is void against third parties (creditors) — the parties will be deemed married in community of property despite their agreement. Between the parties, a late-registered or unregistered ANC may still have contractual effect.
A couple signs an ANC excluding community of property but forget to register it in the Deeds Registry. When the husband becomes insolvent 2 years later, the wife's assets are included in the joint estate because the ANC is not registered and thus void against creditors.
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