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Publication date: 12.04.2024
A marriage contract, also known as a marriage contract in Ukraine, is a document concluded between future or already married persons for the purpose of regulating their property relations. A marriage contract in Ukraine can be concluded in accordance with Chapter 10 of the Family Code of Ukraine.
Conditions of a marriage contract. A marriage contract may contain various conditions, such as the division of property in case of divorce, inheritance, determination of the right to joint property, business activities, etc. A marriage contract can be concluded before the marriage or during the marriage. It is worth noting that the marriage contract should regulate only the property relations of the spouses, as well as their property rights in relation to children. Personal relations between husband and wife, as well as between children, cannot be regulated by a marriage contract, this is expressly prohibited by law. Also, according to the marriage contract, it is forbidden to transfer ownership of property, in particular real estate, the ownership of which is subject to registration with state authorities. Also, the marriage contract cannot put one of the spouses in a clearly unfavorable financial situation.
The procedure for concluding a marriage contract. How to conclude a marriage contract ? First, the spouses or future spouses should discuss their property issues and agree on the terms they wish to include in the agreement. It is recommended to consult a qualified lawyer or notary public for advice on the content and legal implications of the marriage contract. After discussing the conditions and consulting with a specialist, the spouses can start drawing up a contract. The contract must be concluded in writing and contain conditions related to property relations. It must also meet the requirements of the law, namely, not contradict the principles of family law, not violate the rights and interests of children, and be concluded on a voluntary basis by both parties. In addition to the fact that the marriage contract must be concluded in writing, it must also be binding must be notarized for entry into force. Thus, the registration of the marriage contract is carried out by a notary.
It is important to note that the marriage contract must be concluded on a voluntary basis by both parties, meet the requirements of the law and not violate the rights and interests of third parties, in particular children
The term of validity of the marriage contract. The term of validity of a marriage contract in Ukraine is determined by the parties to the contract themselves. Thus, the contract may specify the general term of its validity, as well as the term of validity of certain provisions, for example, the term of validity of certain obligations or rights, may be specified separately. In addition, the contract may discuss the term of validity of certain relationships even after the termination of the marriage.
Change of terms and termination of marriage contract. It is important to note that the marriage contract can be terminated or changed with the consent of both parties, as well as by a court decision in cases provided for by law.
Yes, the spouses can conclude an agreement on the amendment of the marriage contract, which must be certified by a notary public in order to become effective. In addition, the marriage contract can also be modified by the court in certain cases.
Also, the spouses can withdraw from the marriage contract, but if they both express such a desire, unilateral withdrawal is not allowed. To do this, they must submit an application to the notary about the rejection of the marriage contract.
Also, it is worth noting that the marriage contract may lose legal force in the event that the court issues a decision on its termination, if the party proves such necessity, as well as in the event that the court recognizes this marriage contract as invalid.
If it is necessary to conclude and write a marriage contract, or if it is necessary to terminate it, it is recommended to contact a notary or a lawyer for advice and assistance in drawing up and concluding the contract, ensuring that all necessary requirements and conditions are taken into account.
