Marriage contract

Marriage contract

Marriage contract in Ukraine

A marriage contract (contract) is a special type of transaction that is concluded by spouses (including future ones) to establish property rights and obligations between them, both during the marriage and in the event of its dissolution. It is a very convenient means of determining the rights and obligations of spouses, as well as a guarantee that at the time of psychological stress during the divorce period, previously reached agreements will not be canceled by one of the parties.

However, in Ukraine, only a few conclude such an agreement (contract). In most cases, newlyweds simply have nothing to share. However, successful people who have something to lose prefer to take advantage of the prenuptial agreement (contract).

Procedure and conditions for registration of a marriage contract in Ukraine

Thus, a marriage contract (contract) can be drawn up both before the state registration of family relations is carried out, and at any time after the registration of the marriage. If this document consists in the registration of family relations, then the time of its entry into force is the day of the marriage. It turns out that even after 30 years of marriage, you can conclude a marriage contract (contract).

As a general rule, the agreement between the spouses must be concluded in writing with subsequent mandatory notarization. Failure to comply with this rule will result in the invalidity of the terms of the contract.

Also useful information on the website “Divorce Online” of the family lawyer Alexei Nikolayevich Scriabin for you may be: division of the common property of spouses, the procedure and methods of division of property, division of property during marriage, division of property in a civil marriage, division of various types of property, division of housing in divorce, property appraisal, property division agreement, statement of claim for the division of spouses’ property.

Content of the transaction in Ukraine

Consider the features of the content of a marriage contract (contract), which consist in the fact that this document, within the framework of the regulation of property relations, can:

  • regulate the rights and obligations in relation not only to existing property, but also in relation to those things and goods that will be acquired in the future
  • establish the obligations of the parties regarding mutual maintenance, ways of participating in each other’s income, as well as the procedure for incurring family expenses;
  • determine the procedure for the division of property in case of divorce;
  • contain other provisions with the aim of regulating property legal relations between husband and wife.

The contract may stipulate that certain rights and obligations may be time-limited or dependent on whether certain conditions occur (for example, divorce).

Ownership regimes in Ukraine

The considered type of marriage contract (contract) can be a means of establishing a certain regime of property of spouses. By default, the rule applies: everything that the spouses acquired together during the marriage relationship belongs to them in equal shares, that is, on a 50/50 basis. At the request of the parties, this regime of joint ownership can be replaced by:

  1. common ownership regime, when spouses have certain shares that do not have to be equal (in this case, shares are established not in the property itself, but in the right to own, use and dispose of it, as a result of which the rights of each of the spouses apply to the whole thing)
  2. the regime of divisible property, which is established in relation to certain things recognized as the property of one of the spouses (this regime ensures complete independence and independence of the husband and wife, it also allows the property to be protected from the claims of creditors or relatives from the opposite side, provides the possibility of independent disposal of things, and also protects against problems arising in the process of dividing jointly acquired property).

What cannot be included in the content of the marriage contract (contract) in Ukraine

The contract concluded between the spouses cannot contain the following conditions:

  • concerning the restriction of the right or legal capacity of the parties, as well as the restriction of their right to go to court to protect their rights;
  • concerning the regulation of personal non-property relations between husband and wife;
  • concerning the regulation of the rights and obligations of the parties in relation to children;
  • establish a restriction on the right of a disabled person in need to receive maintenance (alimony)
  • put one of the spouses in an extremely unfavorable position or contradict the basic principles of family law in Ukraine.

Dispute and Conflict Resolution in Ukraine

Most often, the text of the agreement, drawn up during the period of happy family relations, is the basis for disputes in the event of divorce. This is explained by the fact that the rights and interests of each of the parties are becoming much more significant, and someone may think that the terms of the agreement concluded many years ago are not fair or correct.

To get out of this situation, the spouses can change the terms of the marriage contract (contract) by going to court. The court may decide to change the text of this document or terminate the contract if this action is assumed by a claim. In some cases, the terms of the transaction may be invalidated.

Thus, the fact that there is an agreement is not an obstacle to initiating the division of jointly acquired property in court.

The duration of the marriage contract (contract) in Ukraine

The marriage contract is valid for the entire period of stay in the marriage relationship and is invalidated after the breakup of the family, established officially (by a court decision or by registering a divorce in the registry office). However, the conditions that establish the rights and obligations of the parties after the termination of the marriage continue to apply, since it is for this in many cases that the corresponding agreements are reached.

During the term of the agreement, it is allowed to make additions, changes to it, as well as its termination by mutual agreement.

This is due to the fact that life situations, human relationships and objective conditions can change. Any amendment, as well as termination of the agreement, must be made in writing with obligatory notarization.

Useful site materials rozluchennya-onlain.com.ua:

  1. Statement of Claim on Division of Spouses’ Property
  2. Property division agreement
  3. Property appraisal
  4. Separation of housing in case of divorce
  5. Separation of different types of property
  6. Division of property in a civil marriage
  7. Division of property during marriage
  8. Procedure and methods of division of property
  9. Division of the common property of spouses
  10. Common and personal property of spouses
  11. Legal regime of spouses’ property
  12. Family Code on Division of Property
  13. Division of property of spouses
rozluchennya-onlain.com.ua

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Advego

Word Quantity Frequency,%
property 20 2.33
contract 14 1.63
division 13 1.51
may 11 1.28
Boot 10 1.16
contract 10 1.16
spouses 8 0.93
right 8 0.93
conditions 8 0.93
marriage 8 0.93
relations 7 0.81
sides 7 0.81
nuptial 7 0.81
sly 7 0.81
or 6 0.70

checked by Valery 06/04/2021

checked by Victoria Halimon 09/10/2021

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