Publication date: 29.05.2024
Analysis of the marriage contract. Writing and registering a marriage contract: Legal subtleties and practical advice
Marriage contract meaning:
A marriage contract or marriage contract is a legal document that allows future spouses to settle property rights and obligations during the marriage and in the event of its dissolution. A marriage contract can be concluded both before and after the state registration of marriage.
The procedure for concluding a marriage contract in Ukraine is regulated by the Family Code and other legal acts. A marriage contract in Ukraine is concluded in writing and is subject to notarization. This ensures the legal validity of the document and protection of the rights of the parties.
The process of writing a marriage contract involves defining the conditions on which the bride and groom wish to build their future property relations. The terms of the marriage contract may relate to the investment of joint funds in real estate, the order of property distribution in case of divorce, the establishment of the legal regime of the separate property of the spouses, the definition of alimony obligations, and much more. It is important that the conditions are clear, understandable and do not contradict the current legislation.
A marriage contract in Ukraine has a price that consists of the notary fee and additional costs for notary services. The price depends on the complexity of the document, the number of points and visits of the notary. Usually, the price of a marriage contract ranges from several thousand to tens of thousands of hryvnias.
The term of validity of the marriage contract is not limited by law. It can be indefinite or established for a certain period of time at the request of the parties. If the spouses decide to terminate the marriage contract, they will need to draw up an appropriate termination agreement.
Procedure for concluding a marriage contract:
The process of writing and registering a marriage contract can be divided into several stages:
1. Definition of contract terms. At this stage, the bride and groom discuss and agree on all the future provisions of the contract.
2. Drafting of the contract. It is recommended to engage a lawyer or a notary to draw up a legally competent document.
3. Verification and coordination of the project. The parties carefully study the project and make the necessary corrections.
4. Registration of the marriage contract. It takes place in the presence of both parties at a private notary.
Note that the writing and registration of the marriage contract is a voluntary matter for the spouses. However, such an agreement can be very useful, especially in cases where one of the partners has significant property or commercial activity.
It is important to understand that the prenuptial agreement is not limited to the division of property in case of divorce. It can also regulate the maintenance of one of the spouses, determine the rights and obligations regarding the upbringing and maintenance of children, establish the regime of joint or separate ownership of property, etc.
During the preparation of the marriage contract, it is recommended to seek legal assistance from experienced specialists. They will help to correctly formulate the terms of the agreement, take into account all the nuances of property relations and avoid potential disputes in the future.
Therefore, writing and registering a marriage contract is an important step for many modern couples who want to protect their property rights and interests. A properly drafted marriage contract can be an effective tool for preventing and resolving family conflicts related to property issues. However, it is worth remembering the need to comply with legal requirements and to involve qualified lawyers to ensure the legal force and protection of the agreement.
