The procedure for entering into and terminating a marriage contract 2023

Ukraine is a democratic country, but despite this, there are topics that are usually not acceptable to talk about. One of them is the marriage contract.

This is explained by the fact that society has developed an opinion about one marriage with one person until the very end.

However, from the statistics of divorces in Ukraine, it can be concluded that not all couples in love manage to keep their marriage for the rest of their lives, and some do not just divorce but also start quarrels and unacceptable division of their acquired joint property.

This creates problems in practice in the case of divorce. And that is why the relevance of the marriage contract is steadily increasing every year.

In this article, we will consider the procedure for concluding and terminating a marriage contract in 2023 in Ukraine. 

What should be understood by the marriage contract? 

The SCU does not provide a definition of the concept of a marriage contract, but its content can be seen in clause 2.1. Order No. 296/5 of the Ministry of Justice dated February 22, 2012, states the agreement on resolving issues of family life, which establishes the property rights and obligations of spouses, as well as their future parental responsibilities.

As a rule, it is concluded in writing with a notarized certificate for its validity. The number of copies is 3.

The parties, when concluding a marriage contract, have the right to independently determine a number of key aspects related to: the legal regime of property provided for the joint needs of the family and in connection with the registration of marriage, as well as to discuss the procedure for using housing and the conditions of each other's maintenance.

What is its order of conclusion?

Аrom the norms of the SCU that the right to conclude a marriage contract belongs to citizens who have applied to the bodies of the DRATS with an application for marriage registration, as well as directly to the spouses.

Article 95 of the Civil Code provides for the procedure for entering into force of the contract. If the contract was concluded by persons before marriage, it becomes legally binding on the day of marriage registration. And if the contract was concluded by the spouses after marriage, it becomes legally binding on the day of its notarization.

For what period can it be agreed?

In Ukrainian legislation, there are no specific terms regarding the duration of the marriage contract. However, according to the Civil Code, spouses can independently set the terms of validity of the contract, as well as determine the duration during which they must comply with the rights and obligations specified in it, or provide for the general term of validity of the contract.

That is, this provision of the law is dispositive.

What is the procedure for refusing and terminating the contract?

The norms of the SCU stipulate that it is impossible to unilaterally withdraw from the contract (Article 101). A marriage contract can be terminated only by mutual consent of the spouses. In this case, it loses its validity from the moment of submission of the application to the notary or on the day of its conclusion.

In addition, the marriage contract can be terminated in a court of law at the request of one of the spouses, for reasons of significant importance, in particular, in case of impossibility of its execution.

If you need to conclude or terminate a marriage contract, contact the law firm "Prykhodko and Partners ".

Our team of lawyers has many years of experience in the field of family law and in-depth knowledge of all aspects related to marriage contracts. Therefore, we will be able to help you in solving all related issues that will arise during our cooperation. Don't delay and apply!