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Publication date: 06.05.2024
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Ukraine allows the conclusion of a marriage contract between future or already married spouses. These agreements can include various terms, such as property division, financial obligations, as well as child care terms and more. However, for their legal validity, they must meet the requirements of the legislation of Ukraine and be approved by the competent authorities.
The concept of marriage contract refers to a legal agreement entered into by individuals before or during marriage that outlines various aspects of their relationship, including financial arrangements, rights, and responsibilities.
Drafting of marriage contract involves careful consideration of various legal and personal aspects to ensure that the agreement accurately reflects the intentions and interests of both parties. The conditions of marriage contract can vary widely depending on the preferences and circumstances of the parties involved.
The terms of the marriage contract determine its main provisions and limitations.
Let's look at each point:
1. Property relations: The contract establishes the procedure for regulating property relations between the spouses, including their rights and obligations regarding property.
2. Property rights of parents: The property rights and responsibilities of the spouses as parents may also be determined, which may include the maintenance of children and their property.
3. Personal relationships: The contract cannot regulate personal relationships between spouses or between them and children. This means that it cannot influence aspects such as mutual feelings, communication and parenting.
4. Protection of the child: The contract cannot limit the rights of the child established by law. This ensures the protection of children's interests and their well-being.
5. Transfer of property: The contract cannot provide for the transfer of real estate and other property, the right to which is subject to state registration. This is important to ensure clarity and legality in the ownership status of the property.This marriage contract regulates the property relations between spouses, while ensuring the protection of children's rights and avoiding unfavorable conditions for one of the parties.
A marriage contract must be concluded in writing and notarized to become legally binding. This is a requirement of the law, which ensures its legality and protects the interests of the parties. During the notarization of the contract, the notary verifies whether all the necessary requirements are met and confirms that the parties entered into the agreement voluntarily and properly.
This process ensures that the contract complies with the law and is legally binding on all parties. It also makes the contract more resistant to any attempts to challenge it in the future, since notarized documents have special legal force.
1. If the marriage contract is concluded before marriage registration, it enters into force on the day of marriage registration. This means that according to the terms of the contract, its provisions become binding for the parties starting from the date of their official marriage.
2. If the marriage contract is concluded by spouses, it enters into force on the day of its notarization. That is, when the contract is signed and confirmed by a notary, its terms become binding for both parties.
The general term of its validity, as well as the duration of certain rights and obligations, can be established in the marriage contract. For example, the parties can determine that the contract is valid until a certain date or until certain circumstances occur, such as the birth of a child or their reaching a certain age.it is also possible to establish in the marriage contract the validity of the contract or some of its conditions after the termination of the marriage. For example, some terms of the contract may remain valid after the divorce of the spouses, such as questions about the division of property or child support. All this depends on the conditions defined by the parties in the contract and the relevant legal norms.
The main principles of changing the terms of the marriage contract:
1. Unilateral change of the terms of the marriage contract is not allowed. This means that neither party can independently change the terms of the contract without the consent of the other party.
2. The marriage contract can be changed by the spouses, provided that both parties agree to the changes. These changes must be notarized for their legal validity.
3. At the request of one of the spouses, the marriage contract may be amended by a court decision, if the interests of one of the parties, the interests of children or disabled adult children, which are of significant importance, require it. The court decides such questions based on the relevant request and after considering all the circumstances of the case.
According to the court's decision, the marriage contract can be terminated on grounds that are of significant importance. This can happen, for example, if circumstances arise that make it impossible to fulfill the terms of the contract or that go beyond what can be foreseen or assumed at the time of the conclusion of the contract.
Such a break can take place at the request of one of the spouses, if they turned to the court and proved that there are circumstances that justify the termination of the contract. The court will consider all the circumstances of the case and make an appropriate decision, taking into account the interests of both parties and ensuring justice.
