Publication date: 06.06.2024
Лоер
Writing a prenuptial agreement: Everything you need to know.
A prenuptial agreement, or marriage contract, is becoming more and more popular among modern couples who wish to predetermine their rights and obligations in marriage. This document allows you to avoid many disputes and misunderstandings in the future. In this article, we will consider the main aspects of writing and concluding a marriage contract in Ukraine, the conditions, the procedure for concluding it, the cost and terms of validity.
Why do you need a marriage contract?
The main purpose of the marriage contract is to protect the property rights and interests of both parties. It allows:
Determine the order of property distribution in case of divorce.
To settle the issue of financial support of one of the spouses.
Specify how issues with debts and credits will be resolved.
How to conclude a marriage contract?
The procedure for concluding a marriage contract
Preparation: The partners discuss the terms and conditions they wish to include in the contract.
Legal advice: It is recommended to contact a lawyer who specializes in family law to draw up a draft contract.
Signing the contract: The contract is signed by both parties in the presence of a notary.
Registration of the marriage contract: the notary registers the contract in the appropriate register.
Terms of the marriage contract.
A marriage contract may contain various conditions, in particular:
Distribution of property: How jointly acquired property will be divided in the event of a divorce.
Financial support: Amount and terms of alimony payments.
Responsibility for debts: How will the financial obligations of the spouses be distributed.
Other matters: Any other provisions that the parties consider important to regulate their relationship.The term of validity of the marriage contract
The validity period of the marriage contract is determined by the parties themselves. The contract can be concluded for the entire period of marriage or for a certain period agreed upon by the spouses.
Marriage contract in Ukraine: Legal aspects
A marriage contract in Ukraine is concluded in accordance with the norms of family and civil law. The main provisions regarding the marriage contract are regulated by the Family Code of Ukraine.
Why is the registration of the marriage contract mandatory?
Registration of the marriage contract ensures its official recognition by state authorities. Without this procedure, the contract will not have legal force and cannot be used in case of disputes between the spouses. Registration is a guarantee that the document was concluded voluntarily, in compliance with all legal requirements.
The procedure for registering a marriage contract
Preparation and signing of the contract: After agreeing on all the terms of the marriage contract, the spouses sign it in the presence of a notary. The notary checks the document for compliance with the requirements of the legislation, in particular the Family Code of Ukraine.
Notarization: A notary officially certifies the marriage contract, confirming that it was concluded with the voluntary consent of both parties. This involves checking the personal data of the spouses, their legal capacity and authority to enter into a contract.
Registration in the register: After notarization, the marriage contract is registered in the Unified register of special forms of notarial documents. This ensures its official recognition and legal force.Marriage contract price
The cost of concluding a marriage contract in Ukraine includes the payment of notary services and the services of a lawyer (if any). The total amount may vary depending on the complexity of the contract and the rates of a particular notary or law firm. Usually, the price for the notarization of the contract ranges from 1,000 to 3,000 hryvnias.
Conclusion
Writing a prenuptial agreement is an important step for couples who want to settle their property relations in advance and ensure mutual protection in the event of conflicts. Correct drafting and registration of this document will help to avoid many problems in the future. It is recommended to contact qualified lawyers to ensure the legality and fairness of the marriage contract.
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