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Kaploukh Victoria
Attorney
Ukraine / Kharkiv
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Reading time: 15 minutes
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Publication date: 24.05.2024
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Publication date: 24.05.2024
A marriage contract is a legal document that regulates the property relations of spouses and determines their rights and obligations in the event of a divorce. In Ukraine, the marriage contract is gaining more and more popularity as a way of protecting the property interests of both parties.
The concept and purpose of a marriage contract. The procedure for concluding a marriage contract.
- A marriage contract (contract) is an agreement between spouses or spouses that regulates property relations during the marriage and in the event of its dissolution. The main purpose of concluding a marriage contract is to determine the legal regime of property acquired during marriage, as well as to settle other property issues.
Legislative regulation. How to conclude a marriage contract.
- In Ukraine, marriage contracts are regulated by the Family Code of Ukraine (SKU). The main provisions relating to marriage contracts are set out in Articles 92-103 of the Civil Code.
1. Article 92 of the Civil Code: A marriage contract can be concluded both before and after the marriage is registered.
2. Article 93 of the Civil Code: The contract enters into force from the moment of marriage registration (if it was concluded before registration) or from the moment of its notarization (if it was concluded after registration).
3. Article 94 of the Civil Code: A marriage contract can exclusively regulate the property relations of spouses and their mutual maintenance obligations.
The main features of the marriage contract.
- Subjects of the contract:
Before marriage registration: A marriage contract can be concluded by the bride and groom. It enters into force from the moment of marriage registration.
After marriage registration: Spouses can enter into a contract.
Restrictions on the content of the contract:
The marriage contract exclusively regulates property relations between the spouses, as well as their rights and obligations regarding maintenance of each other and children.
The contract cannot contain provisions limiting the personal non-property rights of spouses or children, or other rights that cannot be limited by law.
Basic terms and conditions.
- A marriage contract may contain the following provisions:
1. Property Distribution: Determination of property shares that belong to each of the spouses, both during the marriage and in the event of its dissolution.
2. Maintenance: The obligation of one of the spouses to provide financial support to the other in certain cases (for example, during education or child care).
3. Responsibility for Obligations: Distribution of responsibility for debts and obligations arising during the marriage.
Notary certificate.
- A marriage contract must be notarized. The notary verifies the compliance of the contract with the requirements of the law and provides legal advice to the parties regarding the content of the contract.
Changes and termination of the contract.
- Amendments to the marriage contract or its termination are possible by mutual consent of the spouses and require notarization. In case of disputes, changes may be made or the contract may be terminated by a court decision.
Judicial practice.
- The judicial practice of Ukraine shows the importance of clearly wording the provisions of the marriage contract in order to avoid their ambiguous interpretation. Courts often pay attention to whether the terms of the contract were fair and whether they did not violate the rights of one of the spouses.
A marriage contract is an effective tool for settling property relations between spouses. An important condition for its validity is compliance with legal requirements and notarization. Careful planning and consultation with a lawyer will help avoid possible disputes in the future and ensure the protection of the interests of both parties.
Annulment of a marriage contract: grounds and procedure.
- A marriage contract is an important legal tool for settling property relations between spouses. However, there are cases when one of the parties wishes to declare the marriage contract invalid. The grounds and procedure for declaring a marriage contract invalid are regulated by the legislation of Ukraine.
Grounds for declaring a marriage contract invalid.
- According to the Family Code of Ukraine and the Civil Code of Ukraine, a marriage contract can be declared invalid on the following grounds:
1. Violation of legislative requirements (Article 203 of the CCU):
The contract was concluded in violation of the requirements of the law (for example, the form or procedure for concluding the contract was not followed).
The contract was concluded by persons who do not have the right to conclude it (for example, one of the spouses was a minor without the consent of parents or guardians).
2. Invalidity due to violation of the rights and interests of one of the parties (Article 215 of the Civil Code):
The contract was concluded under the influence of deception, violence, threats or under the influence of difficult circumstances.
The contract violates the basic rights and interests of one of the parties (for example, it contains terms that put one of the parties at a significant disadvantage).
3. Formal invalidity:
The contract was not notarized, as required by law.
Absence of consent of one of the parties to the conclusion of the contract.
The procedure for recognizing the invalidity of a marriage contract.
- 1. Preparation and Submission of the Claim:
A lawsuit is filed in court by one of the parties to the contract or another interested party.
The lawsuit states the circumstances that are the basis for declaring the contract invalid, and provides evidence to confirm these circumstances.
2. Consideration of the Case in Court:
The court considers the case on the basis of submitted documents and testimonies of the parties.
The court assesses whether there are grounds for invalidating the contract in accordance with the law.
3. Decision of the Court:
If the court declares the marriage contract invalid, the contract loses its legal force from the moment of its conclusion.
The parties return to the initial legal position regarding property and obligations that existed before the conclusion of the contract.
Consequences of declaring a marriage contract invalid.
- 1. Loss of legal force of the contract:
All provisions of the contract, which are recognized as invalid, lose legal force.
The parties are obliged to return to each other everything that was performed on the basis of this contract, if possible.
2. Compensation for Damages:
The party that suffered from the conclusion of an invalid contract has the right to demand compensation for the losses incurred.
Recognizing a marriage contract as invalid is a complex legal process that requires proper preparation and a clear justification of the grounds for such recognition. The parties should carefully evaluate the terms of the contract before concluding it and, if necessary, seek legal advice to avoid possible legal consequences in the future.
Conclusion of a marriage contract with a foreigner in Ukraine.
- The conclusion of a marriage contract with a foreigner in Ukraine is regulated by both national legislation and international norms. Features of such a contract may include legal aspects that take into account different legal systems and potential conflicts of laws.
The main legal acts governing the conclusion of marriage contracts in Ukraine are the Family Code of Ukraine (SKU) and the Civil Code of Ukraine (CSU). In addition, when concluding a marriage contract with a foreigner, international treaties regulating family and property relations signed by Ukraine should be taken into account.
The main stages of concluding a marriage contract with a foreigner.
- 1. Legal Consultation:
Contact a qualified lawyer specializing in international private law for advice on the specifics of entering into a marriage contract with a foreigner.
Determine which law (Ukrainian or foreign) will be applied to the contract, and specify the possible legal consequences.
2. Preparation of the Agreement:
The contract can regulate property relations, rights and obligations of the parties regarding maintenance, distribution of property in case of divorce, etc.
It is important to ensure a clear and understandable wording of the provisions of the contract in order to avoid legal disputes in the future.
3. Notary Certificate:
In Ukraine, a marriage contract must be notarized. The notary verifies the compliance of the contract with the legislation and provides legal advice to the parties.
A foreigner must provide a notary with a translation of documents in Ukrainian, duly certified.
4. Legalization of Documents:
If foreign documents do not meet Ukrainian requirements, they must be legalized or apostilled, depending on the country of origin of the documents.
Make sure all required documents are properly executed and translated.
The conclusion of a marriage contract with a foreigner is a complex process that requires careful consideration of both national and international legislation. Contacting a qualified lawyer and following all legal procedures will help avoid possible difficulties and ensure legal protection for both parties.
