CONCLUSION OF A MARRIAGE CONTRACT BETWEEN SPOUSES

With the development of family relations, people who intend to start a family or are already married began to have controversial questions about how it is possible to regulate property relations at the legal level, to determine the amount of property belonging to each of them in order to avoid disputes in the future, in particular , regarding its distribution.

Today, one of the most effective ways to solve this issue is the conclusion of a marriage contract, provided for by the current legislation of Ukraine. In this article, we will talk about the meaning and main aspects of concluding the specified contract.

Who has the right to enter into a marriage contract?

Such an opportunity exists for persons who have submitted an application for marriage registration to the state registry of civil status acts or are already married. If one of the parties wishing to enter into a contract is a person who has not reached the age of eighteen, the written consent of his parents, certified by a notary, is a necessary condition.

What relations can be regulated by this contract?

First of all, with the help of such a contract, it is possible to agree only the property relations between husband and wife, defining the property rights and obligations of each of them, as well as the property rights and obligations concerning the spouses as parents.

1.  Legal regime of property: there is an opportunity to fix the provisions on which property will be considered joint, joint, partial or personal property of the husband and wife; reach an agreement on the possible distribution of property and its use to provide for the needs of children.
2.  The procedure for using housing: the parties to the contract can agree on the procedure for living and using housing that belongs to one of them, both spouses, or their relatives.
3.  Establishing the right to maintenance: the specified contract can ensure the maintenance of one of the spouses by the other, conditions for the payment of alimony.

It is important to know that:

•  a marriage contract cannot regulate the personal relations of spouses, including between them and children;
•  it is not allowed to reduce the scope of children's rights or create an unfavorable material situation for the husband or wife.

Is it possible to change the terms of such a contract?

Yes, the spouses have the right to change the marriage contract or to refuse it altogether, having previously agreed on this issue between them - in this case, the agreement to change the contract or the statement of refusal must be certified by a notary public.
If only one of the spouses wishes to change or terminate the contract, the case is resolved in court.

Lawyers and attorneys of the "Prikhodko and Partners" Law Firm are often asked to clarify all the details and the procedure for concluding a marriage contract. If you intend to enter into this contract, our specialists in the field of family law will definitely be able to advise, draft a contract to avoid violations of the rights and interests of the spouses, and, if necessary, provide full legal support for the case of its termination or invalidation in court.