Publication date: 10.06.2024
Marriage contract: legal regulation, content and procedure for conclusion
Introduction
A prenuptial agreement is an important tool for regulating property relations between spouses, allowing them to define their rights and obligations in advance in the event of divorce or other circumstances. In Ukraine, this institution is becoming increasingly common, especially among young couples and those seeking to protect their property interests. In this article, we will analyze the legal regulation of the prenuptial agreement in Ukraine, its content and the procedure for its conclusion.
Legal regulation of the marriage contract
Legal framework
The main legal acts governing the marriage contract in Ukraine include:
Family Code of Ukraine:
- Chapter 10 of the Family Code of Ukraine is devoted to the marriage contract.
- Articles 93-103 define the concept, conditions of conclusion, content and procedure for termination of a marriage contract.
The Civil Code of Ukraine:
- Some provisions on civil law contracts apply to a marriage contract.
Definition and essence
A prenuptial agreement is an agreement between the newlyweds or spouses that regulates the property rights and obligations of the spouses both during the marriage and in the event of its dissolution. It is important to note that a prenuptial agreement cannot regulate personal relations between the spouses, rights and obligations regarding children.
The content of the marriage contract
Main provisions
A marriage contract may contain various provisions regarding:
Property regime:
- Determination of the regime of joint, separate or partial ownership of property acquired before or during marriage.
- Determining the procedure for using property.
Expenses and liabilities:
- Distribution of family maintenance costs.
- Determining the order of repayment of debts and other obligations.
Alimony:
- Terms and amount of alimony in case of divorce.
Limitations.
A marriage contract may not contain a provision that:
- Restrict the rights and obligations of spouses with respect to children.
- Violate the personal non-property rights of one of the spouses.
- They contradict the basic principles of family law.
The procedure for concluding a marriage contract
Prerequisites for the conclusion
A marriage contract can be concluded:
- Before marriage registration - between the bride and groom.
- After marriage registration - between spouses.
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Conclusion procedure
Preparation of the contract:
- Preparation of the contract text taking into account the wishes of both parties.
- Consultation with a lawyer to ensure compliance with the law.
Notarization:
- A marriage contract is subject to mandatory notarization.
- The notary checks the compliance of the agreement with the law and explains its content and consequences to the parties.
Registration of the contract:
- After notarization, the agreement becomes legally binding.
- If the agreement is concluded before the marriage is registered, it becomes effective from the moment the marriage is registered.
Amendment and termination of a marriage contract
Changing the contract
The marriage contract may be amended by mutual consent of the spouses. Amendments to the agreement are also subject to notarization.
