Unlike in Europe and the United States, marriage contracts are less common in Ukraine. However, with the increase in the level of legal literacy of citizens, their number is growing rapidly. And unlike in Europe and the United States, the Ukrainian marriage contract cannot prescribe the responsibilities of the spouses for cooking and cleaning, going to theaters and movies, fulfilling the “marital duty” and maintaining fidelity, it is impossible to limit the use of alcohol and drugs, the number children and his wife’s weight.
The terms of a marriage contract in Ukraine are limited exclusively to property rights and obligations.
We call a marriage contract an agreement between a spouse or a person entering into a marriage, which defines the property rights and obligations of the spouses in marriage or in the event of its dissolution.
So what do Ukrainians prescribe in marriage contracts? What are the main points to make?
1. Determine the owners of property at the discretion of the spouses: to whom of which property belongs personally? For example, an apartment purchased in a marriage – after its dissolution will belong to the wife. The general norms of family law in Ukraine stipulate that property acquired during marriage is considered to be the joint property of the spouses;
2. Which of the spouses will own the property acquired in the future. For example, if during the marriage the couple invested in a house that will be built in a few years;
3. Establish the regimes of ownership of assets: common joint ownership (without allocation of shares), partial ownership (allocation of individual, even unequal shares) or separate ownership;
4. Conditions of maintenance of one of the spouses both in marriage and in case of its dissolution;
5. Terms of business ownership and distribution of profits, including what will arise in the future;
6. Procedure for repayment of loans and debts;
7. The order of distribution of mortgage property;
8. The order of distribution of family expenses;
9. Distribution of cash, bank deposits and interest thereon;
10. Distribution of jewelry and antiques.
It is important to remember that property acquired in marriage and not specified in the marriage contract is subject to the regime of joint joint ownership and in case of divorce, it will have to be divided in half. It is also important that each contract is individual, and therefore it is impractical to use a template that is usually offered by notaries. Such templates may be appropriate if the contract will be, for example, one house. If the situation is more complicated, you need to hire a lawyer to compile it.