RECOGNITION OF A MARRIAGE CONTRACT VALID

≡Consequences of concluding a marriage contract. Judicial practice

 According to the Family Code of Ukraine, property acquired by spouses during marriage is considered to be their joint joint property. Therefore, the conclusion of a marriage contract is the only way out, for example, that real estate acquired during the marriage is considered the personal property of the person in whose name it will be executed.

 However, when concluding such agreements, it should be understood that the consequences arising from the marriage contract may result in unfavorable for one of the parties. And to prove the invalidity of the marriage contract is a difficult task.

≡What is the case law on invalidating a marriage contract? I will give an example.

 The couple, having lived in a formal marriage for more than 25 years, entered into a marriage contract at the initiative of the husband, which stated in particular that “real estate to be acquired (purchased, exchanged, etc.) during the marriage is considered personal property of the person in whose name It will be decorated. This right will be maintained even if one of the spouses is engaged in housekeeping, childcare or for other valid reasons will not have an independent income. The wife did not object to the signing of the marriage contract, as the husband assured that the property would be purchased for their joint children. Later, almost three years after the marriage contract, the man bought two large apartments. According to the law, if there was no marriage contract, the apartments would belong to the spouses on the right of joint joint ownership. After that, the woman filed a lawsuit to declare the marriage contract invalid, and referred to the fact that under this contract the ownership of real estate subject to state registration is transferred and the contract puts her in an extremely unfavorable financial position. And this is the basis for declaring the marriage contract invalid. However, the court denied the claim on the following grounds.

 The legislation stipulates that participants in civil relations may deviate from the provisions of civil law and settle their relations at their own discretion, ie by concluding a contract.

 Indeed, according to the Civil Code of Ukraine, the contract should not put one of the spouses in an extremely unfavorable financial position compared to the law. However, "extremely unfavorable financial situation" is an evaluative concept and must be proved in court by a party. And in the process of considering the case, the court did not prove what exactly are the extremely unfavorable conditions for her marriage contract and how the said contract violates her rights.

 The law also stipulates that under a marriage contract, real estate and property, the right to which is subject to state registration, cannot be transferred to the ownership of one of the spouses.

 However, according to the marriage contract, the transfer of ownership of the property did not take place, but only the legal regime of the property acquired during the marriage was determined. Under this agreement, the transfer of ownership of real estate from one owner to another, which is subject to state registration, did not take place, so the agreement does not contradict the law. And concluding a marriage contract, the parties were acquainted with the requirements of the law regarding the invalidity of agreements, understood the terms of this contract, its meaning and legal consequences.

≡Unconditional grounds on which the marriage contract is declared invalid

 In this case, the grounds on which the marriage contract would be declared invalid must be non-compliance at the time of the commission by the parties or one of the parties of the following requirements:

• the content of the marriage contract may not contradict the legislation of Ukraine and the moral principles of society;
• when concluding a marriage contract, the expression of the will of each spouse must be free and correspond to his inner will;
• the marriage contract must be aimed at the actual occurrence of the legal consequences caused by it.

 And as noted above, the terms of the contract should not put one of its parties in an extremely unfavorable financial position compared to the law; under the marriage contract, real estate may not be transferred to the ownership of one of the spouses and other property, the right to which is subject to state registration.

 Therefore, when concluding a marriage contract, it is necessary to anticipate all the risks and consequences that may arise as a result of such an agreement. An experienced lawyer has to conclude a contract, and only after agreeing with him and the parties on all the terms and nuances of the agreement, you can go to a notary to enter into a contract.