Publication date: 13.04.2024
Лоер
Writing and registration of a marriage contract: Legal aspect
Abstract: This article examines the process of writing and registering a marriage contract in Ukraine. It examines the conditions, the procedure for conclusion, the term of validity, as well as the procedure for registering such a contract in accordance with domestic legislation.
1. Introduction
A prenuptial agreement, also known as a marriage contract, is an important legal document that can be concluded between future or already married spouses in order to determine their rights and obligations during the marriage. In Ukraine, this institute is regulated by the Civil Code and other normative legal acts.
2. Terms of the marriage contract
A prenuptial agreement may contain a variety of terms, including property division, financial obligations, child rearing issues, marital status, divorce procedures, and more. It is important that the terms of the contract do not contradict the law and do not violate the rights of any of the parties. Below we will consider the main aspects that can be included in the marriage contract:
Property division: Property division terms may include determining ownership of property acquired before or during the marriage, as well as the regulation of jointly acquired property during the marriage.
Financial obligations: This may include the obligation to maintain the family together, regulating the financial contributions of each spouse to cover joint expenses, etc.
Child rearing: Terms relating to the rearing of children may include matters relating to their upbringing, education, medical care and other aspects related to child care.
Regime of married life: This may include defining rules for sharing household responsibilities, dividing time between family and work, and setting rules for intimate relationships.
Divorce Procedures: A prenuptial agreement may contain provisions regarding divorce procedures in the event of a divorce, including issues regarding property division, child support, alimony, and more.
It is important that the terms of the marriage contract are agreed upon by both parties and comply with the laws of the country. Also, they must be formulated clearly and unambiguously to avoid possible misunderstandings or disputes in the future. To ensure legal clarity and stability of marital relations, it is recommended to engage professional lawyers to draft and discuss the terms of the marriage contract.
3. The procedure for concluding a marriage contract
A marriage contract is concluded in writing by mutual consent of the parties before the marriage or during its duration. The parties can conclude the contract independently or with the use of legal assistance to ensure its legal fidelity and compliance with the law.
Below we will consider the main steps that must be taken to conclude a marriage contract:
Mutual consent of the parties: The conclusion of a marriage contract requires the mutual consent of future or already married spouses regarding its terms. This may require discussing and agreeing on various aspects of living together.
Written form: According to the requirements of the law, the marriage contract must be concluded in writing. This means that the terms of the contract must be written down and signed by both parties.
Self-drafting or with the help of a lawyer: The parties can independently draw up a marriage contract or use the professional help of a lawyer. The latter option may be desirable, especially if the parties have complex questions about the legal aspects of the contract.
Compliance with legislation: The terms of the marriage contract must comply with the legislation of the country in which it is concluded. This means that the terms of the contract should not contradict the direct provisions of the law and should not violate the rights of any of the parties.
Signing: After drawing up the terms of the contract, they must be signed by both parties. This confirms their agreement to the terms of the contract and their intention to adhere to it in the future.
Amendability: The marriage contract may be amended or revoked by the parties by mutual consent at any time if it suits their needs and circumstances.
4. Term of validity of the marriage contract
The term of validity of the marriage contract is determined by the parties in accordance with their needs and terms of the contract. Usually, the marriage contract is valid for the entire duration of the marriage, but may contain provisions for modification and termination in certain circumstances.
5. Writing and registration of a marriage contract
Writing a marriage contract requires careful consideration of all legal requirements and individual needs of the parties. After the contract is drawn up, it must be signed by both parties and, in some cases, notarized. Registration of a marriage contract is usually not mandatory, but it can be carried out in the civil registration authorities for additional confirmation of its existence and to ensure legal clarity.
