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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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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.
Effectivity
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Severability
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
_______________________
________________________
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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