Why do I need a prenuptial agreement?
A prenuptial agreement determines which property spouses will own during marriage, and which in case of divorce. It can prescribe the financial obligations of the husband and wife, the procedure for the distribution of income, use and disposal of property and the conditions of the parties that are fundamentally important for the spouses. A legally competent contract will help to provide for property risks, protect against conflicts and ensure security for both parties.
Can I make a marriage contract myself?
A marriage contract will help to determine the property rights and obligations of spouses both in marriage and after its dissolution, to protect from unnecessary disputes and disagreements. At the same time, such an agreement opens up wide opportunities for abuse in relation to legally unprotected persons, and can significantly limit the rights of one of the parties. Therefore, our recommendation is not to tempt fate and entrust such legally difficult questions to professionals. The lawyer will help to draw up a contract legally competently, to analyze it for risks and possible abuse.
What can be prescribed in a prenuptial agreement?
Property rights and obligations of spouses
The regime of joint, shared or separate ownership of all property of the spouses, of its individual types or property of each of the spouses;
The share of property of each spouse
The procedure for the distribution of income, financial obligations of each spouse
Property transferred to each spouse upon dissolution of marriage
The procedure for using housing or movable property
Features of the conclusion of property transactions, the acquisition of movable or immovable property at the expense of one of the spouses
The procedure for the distribution of property in a divorce
Features of the monetary content of one of the spouses, children during marriage and after divorce
Other property rights and obligations of the parties under the law.
How to make a marriage contract?
A prenuptial agreement may be entered into by persons who have filed an application for registration of marriage, or persons who are legally married. If the contract is concluded by an imperfect person, a written notarized permission of the parents or guardian is required. A marriage contract must be concluded in writing in the presence of a notary, solely by mutual agreement of the parties.
What documents are needed to draw up a marriage contract?
The minimum package of documents for drawing up a marriage contract includes spouses’ passports, identification code (TIN), marriage certificate if the marriage is concluded, or a certificate of filing an application with the Civil Registry Office, if the couple marries, documents of ownership of the property.
Entrust the solution of complex legal issues to professionals!
• Conclusion of a prenuptial agreement (contract)
• amending the marriage contract;
• termination of the marriage contract;
• recognition of the marriage contract invalid;
• division of spouses’ property by agreement;
• Allocation of a share of one of the spouses;
• determination of the procedure for using property;
• appointment of the content of one of the spouses;
• termination of the right to upkeep