Have you decided to draw up a marriage contract? 10 points to write in a marriage contract
Unlike Europe and the United States, in Ukraine it is not so common to conclude prenuptial agreements during marriage. However, with the growth of the level of legal literacy of citizens, their number is growing rapidly. And unlike Europe and the United States, in the Ukrainian marriage contract it is impossible to prescribe the responsibilities of spouses for cooking and cleaning, visiting theaters and cinema, fulfilling “marital duty” and keeping faithfulness, it is impossible to limit the use of alcohol and drugs, the number of children and the wife’s kilograms.
The terms of a marriage contract in Ukraine are limited exclusively by property rights and obligations.
We call a marriage contract an agreement between spouses or persons entering into 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 be added there?
1⃣ Determine the owners of the property at the discretion of the spouses: which of them personally owns which property. For example, an apartment acquired in 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 the common joint property of the spouses;
2⃣ Which spouse will own the property acquired in the future. For example, if during marriage the spouses invested in a house that will be built in a few years;
3⃣ Establish asset ownership regimes: common joint ownership (without allocation of shares), shared ownership (allocation of separate, even uneven shares) or separate ownership;
4⃣ Conditions of maintenance of one of the spouses both in marriage and in the event of its dissolution;
5⃣ Terms of business ownership and distribution of profits, including what will arise in the future;
6⃣ Procedure for the payment of loans and debts;
7⃣ Procedure for the distribution of mortgage property;
8⃣ The procedure for the distribution of family expenses;
9⃣ Distribution of cash, bank deposits and interest on them;
1⃣0⃣ Distribution of jewelry and antiques.
☝️ It is worth remembering that property acquired in marriage and not indicated in the marriage contract is subject to the regime of common joint property and in the event of a divorce, it will have to be divided in half. It is also important that each contract is individual, so it is inappropriate to use a template that is usually offered by notaries. Such templates can be suitable if the contract will go, for example, about one house. If the situation is more complicated, it is necessary to involve a lawyer to draw up it.
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