Marriage contract in Ukraine

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Симиренко Ганна

Lawyer

Ukraine / Kyiv

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Publication date: 08.07.2024

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Marriage contract in Ukraine

A marriage contract, or marriage contract, is an important legal document that regulates the property relations of spouses. In Ukraine, the marriage contract is becoming an increasingly popular tool for ensuring the protection of the rights and interests of both partners in marriage. In this article, we will consider the procedure for concluding a marriage contract, the terms of its validity, and also answer the questions that most often arise when drawing up this document.

This is the moment when the partners discuss their expectations.

Determine the main provisions of the contract and agree on the inclusion of specific clauses. Below are the main steps and aspects to consider during preliminary negotiations:

• Definition of goals and expectations. Planning for the future: Partners should discuss their long-term plans and expectations for marriage. This may include questions about career, residence, family planning, etc. 
  Distribution of roles: It is important to discuss the roles and responsibilities of each partner in the marriage. For example, who will be responsible for household duties, who will ensure the financial stability of the family.
• Discussion of property issues: 
  Personal and community property: The partners must determine which property will be considered personal and which will be considered community. This includes real estate, vehicles, bank accounts and other assets. 
  Financial obligations: Discussing issues related to financial obligations, such as loans, mortgages, alimony, etc.
• Setting conditions and restrictions.
   Terms regarding children: Partners can include in the contract terms regarding the upbringing and maintenance of children, the rights and obligations of parents.
  Special conditions: Discussion of possible special conditions, such as rules for the disposal of joint property, financial contributions of each of the partners, etc.
• Legal advice. Obtaining professional help: During preliminary negotiations, it is recommended to contact a qualified lawyer for advice and clarification of all legal aspects of the marriage contract.
   

Writing a marriage contract

After the preliminary negotiations have been completed and agreement has been reached on the main provisions, the stage of writing the marriage contract comes. This process can be complicated, so it is important to pay attention to the following steps and recommendations:

• Independent conclusion of the contract:
   
• Samples and templates: If the partners decide to draw up the contract themselves, they can use samples and templates of marriage contracts available on the Internet or in specialized literature.
• 
  Check for compliance with legislation: It is important to make sure that all provisions of the contract comply with the current legislation of Ukraine. An incorrectly drawn up contract may be declared invalid.
• Drawing up a contract with the help of a lawyer:
   
• Consultation with a lawyer: A qualified lawyer will help draw up a contract, taking into account all the wishes of the partners and legal requirements.
• 
  Personalization of the contract: The lawyer will help to adapt the contract to the specific circumstances and needs of the partners, ensuring its legal correctness and compliance with the law.

The main provisions of the marriage contract:

1. Details of the parties: Full names, residential addresses and identification numbers of partners.
2. 
   Property description: A detailed description of the property that is the subject of the contract, including real estate, vehicles, bank accounts, etc.
3. 
   Rights and responsibilities: Defining the rights and responsibilities of each partner regarding property management, financial obligations, and other aspects of joint life.
4. 
   Terms of termination of the contract: Inclusion of provisions on the terms of termination of the contract, including in case of divorce or other circumstances.
    

Checking and signing the contract:

1. Checking accuracy: Before signing, it is important to carefully check all the provisions of the contract for accuracy and compliance with the agreements reached.
2. 
   Notarization: The marriage contract must be notarized.The notary verifies the identity of the signatories and the compliance of the contract with legal requirements.
3. 
   After notarization, the contract becomes legally binding and can be registered with the relevant authorities. This ensures its official effect and binding force.
4. 
   It is important to remember that writing a marriage contract is an important step in ensuring the property rights and obligations of spouses. Contacting a professional lawyer will help to avoid mistakes and ensure the correctness and legal force of the document
5. 
   Notarization: The marriage contract must be notarized. The notary verifies the compliance of the document with the requirements of the law and the identity of the signatories.
    

Registration of marriage contract

• After notarization. 
  After the marriage contract has been notarized, the next important step is its registration with the relevant authorities. This procedure ensures the official force of the contract and its obligation for execution. The main stages of registering a marriage contract are described below:
• Submission of documents for registration.
   Notarized contract: First of all, you need to have the original notarized marriage contract on hand.
  Application for registration: An application for registration of a marriage contract is submitted to the relevant authorities, usually to the State 
• Register of Real Property Rights. Copies of documents: Copies of spouses' passports and identification codes must be provided. 
  Document verification:Verification of the correctness of the registration: The relevant body checks the correctness of the registration of all documents and their compliance with the legislation. Detection of errors: If errors or inaccuracies are detected, documents may be returned for necessary corrections.
• Making an entry in the register. Making a record: After checking and confirming the correctness of all documents, the relevant authority makes a record of the marriage contract in the State Register of Real Property Rights.
  Issuance of confirmation: After entering the entry, the spouses are issued a confirmation of the registration of the marriage contract.
• Official effect of the contract. Legal force: After registration, the marriage contract acquires official legal force and becomes binding for both parties. 
  Access to information: Information about the contract becomes available to the relevant authorities and can be used to protect the rights of the spouses.

Terms of the marriage contract

1. A marriage contract may include various conditions regulating property and other relations of spouses. 
2. Below are the main provisions that can be included in the marriage contract:
   Distribution of property acquired before and during marriage:
   Personal and community property: Determining which property is personal and which is community, including real estate, vehicles, bank accounts, and other assets.
3. 
   Distribution in case of divorce: Terms of distribution of property in case of divorce or other circumstances.

Procedure for using common property. 

• Rules of use. Establishing rules for the use of common property, such as living quarters, cars, etc. 
  Property disposal: Conditions under which each spouse can dispose of joint property (sale, lease, etc.).
• Rights and obligations regarding maintenance of children.
    Maintenance and education of children: Provisions regarding the rights and obligations of each spouse regarding the maintenance and education of children.Financial support: Terms regarding financial support for children, including alimony and other expenses.
• Financial obligations of spouses. Expenses and income: Determination of the order of distribution of expenses and income of the spouses. 
  Credits and Loans: Terms of repayment of credits and loans, if any.
   

The term of validity of the marriage contract

A marriage contract can have a certain period of validity or be indefinite. The contract may specify the conditions under which it is valid. 

Certain period of validity. Limited period: The contract can be concluded for a certain period, for example, for 5 or 10 years. After the expiration of this term, the contract may be renewed or terminated. Revision of terms: The possibility of reviewing and changing the terms of the contract after the expiration of the specified period.

Open-ended contract. Lifetime contract: A contract can be entered into for an indefinite period of time, valid as long as both parties comply with its terms or decide to terminate it.

Terms of termination of the contract. Divorce: Conditions under which the contract terminates in the event of a divorce. Achieving certain circumstances: The contract may contain provisions on termination of its validity in the event of the achievement of certain circumstances, for example, children reaching the age of majority. 

How to conclude a marriage contract

The process of concluding a marriage contract in Ukraine includes several key steps:

1. Contacting a lawyer: Obtaining advice and assistance in drawing up a contract.
2. 
   Agreement of conditions: Discussion and agreement of all provisions with the partner.
3. 
   Notarization and registration: Issuance of the document in accordance with legal requirements.Marriage contract: the price of the question
    

The cost of concluding a marriage contract may vary depending on the complexity of the document and the services of a lawyer. It is also necessary to take into account the cost of notarization and contract registration.