How to draw up a marriage contract in Ukraine?

Marriage contract

A marriage contract is an agreement between spouses that defines their property rights and obligations. The purpose of preparing this document is to determine the property status of each spouse during the marriage and in the event of its dissolution. It can also regulate the spouses’ property obligations towards their children.

A marriage contract is a document drawn up in writing, signed by the spouses (or prospective spouses) and certified by a notary. For more detailed information about what a marriage contract is and how to conclude it, consult a lawyer.

Who can enter into a marriage contract?

The parties to a marriage agreement may be:

• persons wishing to enter into marriage who have submitted an application in the prescribed manner;
• spouses.

It should be taken into account that to conclude a marriage contract between persons, one of whom is a minor (both spouses may be minors), the consent of the parents or other legal representatives (guardians, custodians) is required. The consent must be certified by a notary.

If spouses live in a common-law marriage and their relationship is not legalized, they will not be able to conclude a marriage contract.

How is a marriage contract drawn up?

Marriage contracts are most often concluded by affluent people. For a country like Ukraine, the institution of a marriage contract is not a popular type of contractual relationship. Many believe that proposing such an agreement confirms that the spouses do not sufficiently trust each other.

However, as practice shows, in certain situations drawing up this document helps avoid a considerable number of conflicts. That is why drafting a marriage contract should be approached with full responsibility.

Of course, you can find a marriage contract form on a legal website or take a sample of this document from a notary. But in that case there is a risk of missing very important nuances that will determine your financial situation in the future. That is why it is not enough to consult a family law specialist about how to draw up a marriage contract. It is best to use the services of a professional lawyer who reliably knows how to prepare this agreement in accordance with the law.

The fact is that notarization is a mandatory condition when executing a marriage contract. After the parties to the agreement have reached an agreement on its main points, it should be certified. The notary analyzes the submitted document for compliance with the norms of the current family legislation and registers it in the prescribed manner.

To take advantage of the services of experienced specialists and learn the maximum amount of information about drafting a marriage contract, follow the link Drawing up a marriage contract.

Documents required for executing a marriage contract

It should be taken into account that when a marriage contract is concluded, the parties must provide the following list of documents:

• passports of the spouses;
• a certificate confirming the fact of marriage (if the marriage has not yet been concluded at that time, the date of application is indicated).

If the contract text specifies particular property that will remain the property of one of the spouses, or, on the contrary, will be subject to division in the event of dissolution of the marriage, it is necessary to provide the notary with title documents for such property (a certificate confirming ownership by a specific person, the original contract).

What does a marriage contract regulate?

Before concluding a marriage contract, it is necessary to determine which areas of property relations it regulates. Thus, the following issues are included in the scope of regulation of a marriage contract:

1. Legal regime of property – this determines the fate of property owned by each spouse before marriage, as well as that which will be acquired jointly (including gifts given for the wedding).
2. Division of property – this issue usually becomes relevant when spouses wish to dissolve the marriage. It is worth dwelling on this section in as much detail as possible; you can get more information at the link Division of spouses’ property in Kyiv, and, if desired, use the services of highly qualified family law lawyers.
3. Procedure for using housing – established in situations when one of the spouses moves into residential premises belonging to the other.
4. Determination of the right to maintenance – in a marriage contract it is possible to define provision of maintenance in a fixed amount or as a proportion of monthly income to one of the spouses.
5. Implementation of property rights and obligations toward children – this section of the agreement may indicate which spouse and in what form will allocate funds for the maintenance of children, as well as the amount of alimony payments in the event of parents’ divorce.

At the same time, it should not be overlooked that a marriage contract cannot define personal rights and obligations of a non-property nature. In addition, the content of the marriage agreement in no case should worsen the legal position of the spouses who concluded it, or restrict the rights provided by the provisions of current legislation.

Amending the terms of the marriage contract

To make changes to a marriage contract in the prescribed manner, the mutual consent of the spouses is required. It is not possible to change the content of the marriage contract unilaterally. The agreement on changing the terms is signed by both parties and notarized. You can ask a notary for a sample of such a document for review, but it is better if a qualified lawyer helps you draft it.

In addition, the services of a specialist in family law may be needed in cases where making changes to the marriage contract is required by the interests of one of the spouses or children, and the other spouse does not agree to such innovations. In such a situation, the agreement on making changes may be approved by the court.

Recognition of a marriage contract as invalid and its termination

Even if the spouses know how to draw up a marriage contract, this does not guarantee that the document will be legitimate. The main ground for declaring an agreement concluded between spouses invalid is the violation of their lawful interests. Therefore, if a husband or wife for some reason decides that their rights have been violated by the terms of the marriage contract, they have the right to seek protection in court by requesting that the contract be declared invalid.

A marriage contract can also be terminated by a court, having proven that performance of its terms is impossible. To have the case decided in your favor, you should use the services of professional lawyers who can not only competently draft a claim but, if necessary, represent the client’s interests in court.