Legal regulation of marriage in Ukraine: conclusion, rights and obligations of spouses
Introduction
Marriage is one of the main institutions of family law that regulates the relationship between a man and a woman who have decided to start a family. In Ukraine, marriage is regulated by a number of legal acts, the main one being the Family Code of Ukraine. In this article, we will consider the marriage procedure, rights and obligations of spouses.
Getting married
Conditions of marriage
According to the Family Code of Ukraine, marriage is a family union of a man and a woman registered with the state civil registry office (RACS). The following conditions must be met to enter into a marriage:
- Mutual consent: Marriage can only be concluded by the free consent of a man and a woman.
- Marriage age: The marriage age for men and women in Ukraine is 18 years. In exceptional cases, which are justified by special circumstances, the marriage age may be reduced by a court decision, but not more than by two years.
- No obstacles to marriage: Marriage between persons who are already in another registered marriage, between
- close relatives, adoptive parents and adoptees, persons recognized as incapacitated due to a mental disorder.
The procedure for marriage
- Submission of the application: Persons wishing to enter into a marriage must submit a joint application for marriage registration to any registry office. The application must be submitted in person.
- Expectations: The marriage is registered one month after the date of submission of the application. This period may be shortened in case of the bride's pregnancy, the birth of a child, or an immediate threat to the life of the bride or groom.
- Marriage registration: The marriage is registered in the presence of the bride and groom. At the request of the spouses, marriage registration may be accompanied by a solemn ceremony.
Rights and obligations of spouses
Personal rights and obligations
- Equality of rights and responsibilities: Men and women have equal rights and responsibilities in marriage and family.
- Freedom of choice: Spouses have the right to freely choose their profession, place of work and place of residence.
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- Joint resolution of family life issues: All issues of family life are resolved jointly by the spouses, based on the principles of mutual consent and respect.
- The right to personal freedom and inviolability: Spouses have the right to physical and moral integrity, as well as protection from all forms of violence.
Property rights and obligations
- Joint property: Property acquired by the spouses during the marriage is their joint property, unless otherwise provided by the marriage contract. Each spouse has the right to a share in the marital property.
- Disposal of property: The spouses have the right to jointly dispose of their joint property. Agreements on the disposal of marital property that require notarization or state registration are concluded with the consent of both spouses.