Writing a draft agreement on the division of property between spouses without notarization

Writing a draft agreement on the division of property between spouses without notarization is an important legal instrument that regulates the process of distribution of property values in case of divorce or dissolution of marriage under Ukrainian law. In this article, we will consider the features of this type of contract in accordance with the current legislation of Ukraine.

What is the purpose of concluding an agreement on the division of property between former spouses?

An agreement on the division of property between former spouses is concluded for the sole purpose of determining on a voluntary basis the conditions under which the distribution of movable and immovable property, monetary assets and values \u200b\u200bthat they own jointly will be carried out. At the time of the conclusion of the contract, the joint property of the spouses is terminated, and the assets are transferred to private ownership in accordance with the provisions specified in the contract.

What are the features of such an agreement?

The specificity of the agreement on the division of property between spouses is manifested in the fact that it can be concluded both during the marriage and after its dissolution.

In addition, it allows the parties to depart from the main principle - equality of shares in the common joint property of the spouses, and to allocate shares of certain assets to both the husband and wife in accordance with the provisions that will be prescribed in this agreement. This allows spouses to divide their property according to any parts they wish (i.e., it is possible to determine who will own the entire property, and who only partially, etc.). In addition, the contract may contain a provision for monetary compensation that one of the spouses must pay to the other in exchange for part of the property.

As of today, the existing legal acts contain almost no provisions on the procedure and conditions for reaching an agreement on the division of property of the spouses, and therefore, when resolving this issue, one should refer to the general provisions of the Civil Code. According to its provisions, the essential condition of any contract is its subject matter. That is, under such an agreement, it is necessary to determine the amount of common acquired property that will be transferred to the ownership of each of the spouses. It is also worth noting that if the spouses do not indicate the property that is in common joint ownership in such an agreement or it will be acquired after its conclusion, then it is subject to distribution on the general basis specified in the CCU.

What form should such a contract take?

The form of the agreement on the division of property of the spouses differs depending on its subject.

If the subject of the agreement between the spouses concerns the division of their real estate, then such an agreement must be notarized in accordance with the law. This is evidenced by Article 69 of the Ukrainian Criminal Code and emphasized by the Supreme Court of Ukraine in its decisions (Decisions of February 19, 2020 in case No. 266/5267/18, of June 20, 2018 in case No. 640/13903/16-c).

However, if the subject of the agreement on the division of property between the spouses is movable property, then such an agreement can be concluded in a simple written form, notary certification is not required for such an agreement.

If you need help in writing a draft agreement on the division of property between spouses without notarization, contact qualified lawyers who are ready to help you, namely the law office "Prikhodko and Partners". Our lawyers will understand your situation, assist in drafting the contract and provide you with the necessary legal advice on issues related to divorce and division of property.

In addition, the signing of such an agreement may be carried out in the presence of a lawyer or lawyer of our company, who can attest to its validity and lawful signing. So don't hesitate and get in touch!