Marriage contract in Ukraine: why it is needed and how to draw it up

The institution of the marriage contract has long been a part of world practice, while in Ukraine it was introduced only in 1992 with the introduction of appropriate changes and additions to the Marriage and Family Code.

Although this institute has existed in the state for more than 34 years, citizens treat it in completely different ways. One segment of the population believes that by concluding a marriage contract, citizens deliberately lay the groundwork for the future dissolution of the marriage, because in this way they show their partner that there is no complete trust between them, while the other, on the contrary, notes that the conclusion of a marriage contract helps to avoid any property conflicts and disputes during the divorce, because the main issues will already be resolved at the time of its signing.

And that is why it is important to understand why it is still necessary to conclude a marriage contract before marriage. We will talk about this legal aspect in this informative article.

Marriage contract: concept and who has the right to conclude it

Marriage contract — this is a type of civil law contract that regulates in detail the property relations between a married couple, as it resolves the issue of the distribution of property rights of citizens and their responsibilities as future parents of a child.

Thus, the marriage contract resolves important issues of family life, and therefore it is important to conclude it in order to avoid conflicts regarding the distribution of property between spouses upon divorce.

Citizens who have just submitted an application for official registration of marriage relations, as well as a married couple, have the right to conclude a marriage contract.

If minor children wish to enter into a marriage contract before the time of marriage registration, then in this case it is necessary to obtain the consent of their parents or legal representatives, which must be notarized.

Pay attention! If citizens live together in a "civil marriage", then they do not have the right to settle property relations among themselves by means of a marriage contract.

What can settle the marriage contract?

• Property relations between a married couple (at the same time, both rights and obligations of citizens are subject to regulation);
• Property rights and obligations of a married couple as future parents of a child.

However, the marriage contract cannot regulate:

• Personal relations between the married couple (for example, the duty of each spouse to take care of the family, the right to respect for the partner, to freedom, etc.) and their children;
• Reduce the scope of the child's rights or put one of the members of the married couple in an extremely disadvantageous financial situation (this concept is usually evaluative, as it is decided by the court on an individual basis separately in practice);
• If movable or immovable property is subject to mandatory state registration in accordance with current Ukrainian legislation, then the issue of transferring such property to the ownership of one of the spouses cannot be regulated by the marriage contract.

How to draw up a marriage contract?

In order to correctly draw up a marriage contract, the following stages must be completed, namely:

• Understanding the purpose of the marriage contract. First, citizens need to clearly understand why they want to conclude a marriage contract between themselves and what they want to settle with its help. If at this stage all issues between the married couple have been resolved voluntarily, then it is possible to proceed to drawing up a marriage contract.
• Terms of the marriage contract. At this stage, citizens determine their own financial assets and liabilities, which they seek to settle with a marriage contract. The settlement of property relations should ensure the interests of each spouse. The terms of termination of the marriage contract must also be prescribed, the amount of alimony payments that will be paid by persons in the event of a divorce is determined, procedure for using joint property or funds, etc.
• Signing the contract. After the parties have settled all property issues in the marriage contract, it must be signed and notarized. In addition, it is worth noting that if the marriage contract is signed by citizens without notarization, it is considered null and void, as it does not create any legal consequences for each of the spouses.

Importantly! Be sure to keep copies of the marriage contract, as it can help in the future to resolve all disputes regarding the dissolution of marriage between citizens.

If you need to draw up a marriage contract and properly regulate the property relations of the spouses, then in such circumstances you should contact the Prikhodko and Partners law office.

The company's lawyers have many years of practical experience in the field of family law of Ukraine, and therefore they fully understand all the legal nuances of drafting a marriage contract, which allows it to be drawn up in a short time and taking into account all the features of the current legislation.

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