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Formalizing a marriage contract

Conclusion of a marriage contract

In Ukraine, couples who most often resort to formalizing a marriage contract are those where one spouse already has a fairly substantial amount of property. And although only property acquired during the marriage is divided upon divorce, one party still wants to protect themselves. Entering into a marriage contract is very relevant if the property, although registered in the name of one spouse, actually belongs to the whole family. This situation arises because a person accustomed to managing large capital very often faces the need for legal advice, and marriage registration is no exception.

Natalya Chatzkis Senior partner

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  • disputes between spouses
  • disputes related to children
  • alimony collection
  • other types of disputes

document – example – MARRIAGE CONTRACT

The practice of drafting a marriage contract is widespread in the United States and in European countries.

Lawyers, on the contrary, believe that drawing up a marriage contract will protect spouses from a property war in the event of a divorce and will allow them to part ways civilly. The Family Code allows concluding a marriage contract both directly before the marriage and after the wedding. If the contract is concluded before the marriage, it should be remembered that it will come into force only after the marriage is concluded. A marriage contract is executed in the form of a written document and is notarized.

One of the most important aspects of a marriage contract is that it regulates strictly the property side of family relations. By such an agreement, husband and wife cannot determine their personal relations or matters concerning children. In addition, this type of agreement cannot place one of the spouses in an extremely disadvantageous financial position or infringe the rights of children.

As a general rule, all acquired property is subject to equal division between spouses. In a marriage contract, this issue can be resolved differently. For example, it is possible to specify which particular property will go to each spouse without regard to the principle of equal shares.

If you decide to conclude a marriage contract, it must be drafted impeccably. After all, any, even insignificant, mistake may lead to the annulment of the contract, and such a situation will mean that its provisions will not be taken into account in the event of a divorce. If you do not want to face such unpleasant consequences, it is better to entrust the drafting of the marriage contract to professionals. Our lawyers provide services for drafting and making changes to marriage contracts taking into account all the necessary legal requirements.

Sample marriage contract

A standard marriage contract can be considered as an example of drafting the document. It takes into account all the main property-related aspects. But any sample marriage contract needs to be adjusted to the specific situation rather than accepted unconditionally. After reviewing the text of the document yourself, it is wise to obtain legal advice as well.

Nakaz UA
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