The certificate of marriage contracts, contracts between spouses about property division
Notarial certification of the contract – is necessarily made on the principle of territoriality of the notarial district:
∨ Or at the place of registered residence of one of the parties to the agreement;
∨ Or at the location of the subject of the transaction.
According to Art. 626 of the Civil Code of Ukraine, agreements can be unilateral, bilateral and multilateral. Agreement of two or more persons on the existence of mutual rights and obligations is a contract.
A notary certifies transactions in two cases:
- If these transactions require notarization on a mandatory basis, according to the current legislation;
- If this is the will of the parties.
The agreements are subject to mandatory notarization, as defined by the Civil and Family Codes of Ukraine, the Laws of Ukraine “On Notary”, “On Mortgage”, “On Privatization of State Property”, “On Print Media” and others.
The notarial procedure for certifying transactions is defined by the Law of Ukraine “On Notary” and the Order of the Ministry of Justice of Ukraine on approval of the Procedure for Notarial Actions by Notaries of Ukraine No. 296/5 of 22.02.2012, according to which a notary must verify the legal capacity of parties to the contract, Of each party and the absence of contradictions in their understanding of the essence of the agreement for each significant condition.
The title of each specific contract may reflect the subject matter of the transaction:
- Contract of sale of real estate;
- The barter agreement;
- Agreement on the donation of immovable property;
- The contract of lifelong maintenance;
- The hereditary contract;
- Mortgage agreement;
- The agreement on the division of property that is subject to the right of common ownership;
- Marriage contract;
- The contract of hiring a building or other capital structure (their separate part) for a period of more than 3 years
- The contract of rent of a vehicle with the participation of an individual;
- Contract of pledge of a vehicle with the participation of an individual;
- Agreement on changing the order of obtaining the right to inheritance.
The list of documents for signing contracts in each specific case may differ. The legal company «PRIKHODKO&PARTNERS» will consult you on all issues that are of interest to you and will advise the most acceptable variant of the contract or other transaction aimed at protecting your interests.