My husband is solely providing financial support for his illegitimate son. The mother is employed but she is not giving anything to their son. In fact, she has not even visited her son for almost two years now. Can my husband oblige the mother to support their son?
Secondly, my husband and I did not make any pre-nuptial agreement regarding our properties when we were married. Can we make an agreement now and antedate it?
Under our law, both the father and the mother have the obligation to provide support to their children, whether they may be legitimate or illegitimate (Article 195, Family Code of the Philippines). Such support shall comprise everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family (Article 194, Family Code of the Philippines).
Your husband’s illegitimate son is undeniably entitled to receive financial support from his mother. In fact, our law even confers upon the mother the parental authority over illegitimate children (Section 1, Republic Act (R.A.) 9255). To ask for financial support, your husband may initially send his illegitimate son’s mother a demand letter for support. However, if the demand fell on deaf ears or the mother unjustly refuses to give support, your husband may file a petition for support before the Family Court where your husband or the mother of his illegitimate child resides.
As regards your second question, marriage settlements regarding the property relations between future spouses should be made or entered into before the celebration of their marriage. If the spouses failed to make such an agreement, their marriage shall be governed by the system of absolute community of property (Article 75, Family Code of the Philippines). Under this system, all the properties which the spouses owned at the time of their marriage and everything they acquired thereafter shall form their community property (Article 91, Family Code of the Philippines). We regret to inform you that you can no longer make a pre-nuptial agreement since your marriage had long been celebrated, nor can you make the agreement today and make it appear that the same was executed before your marriage as this would be illegal. At this point, your property relations may only be altered through a judicial order. Article 136 of the Family Code of the Philippines allows the spouses to jointly file a verified petition with the court for the voluntary dissolution of their absolute community and for the compete separation of their properties.
We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.