CONCLUSION OF THE CONTRACT FOR THE MAINTENANCE OF THE CHILD AND DETERMINATION OF THE PLACE OF RESIDENCE

When people separate while having children, it is very important to ensure that all aspects of living and child support are coordinated. And by the way, coherence in a legal context has many further benefits in a psychological sense as well. With an adequate parental approach and the ability to negotiate, the child does not turn into an object for disputes and has more opportunities to survive parental divorce relatively calmly and without excessive psychological trauma. So, if you are at the stage of divorce proceedings or just after it, take care to agree on the important nuances of living and supporting a child clearly and civilly. Qualified lawyers will help you with this.

What information is included in such an agreement

The possibility of concluding an agreement on the place of residence of the child is provided for by Article 109 of the Family Code of Ukraine. Legislators have provided that such an agreement may contain the following provisions:

• with whom the children will live permanently;
• what participation will be taken in the provision of each child by the parent who will live separately;
• how the one who will live separately will realize his own participation in the upbringing of the child.

These three main aspects constitute the content of the treaty. At the same time, their coordination becomes the key to adequate relationships between people and with children after a divorce.

When can such an agreement be concluded?

There is a false stereotype that such an agreement can allegedly be concluded only before a divorce. However, this is not true, since the said arrangement is not a variation of the prenuptial agreement. Therefore, when we talk about the time frame for concluding a contract, they can be different, for example:

• even during marriage, in order to be safe from force majeure and conflicts in the event of a hypothetical divorce;
• during the divorce process, in order to simplify it as much as possible and agree on further organizational and financial aspects of the interaction of the child;
• after the dissolution of the marriage, in order to take care of the interests of children and a format that is comfortable for both parties to participate in their lives.

So even if you are already divorced, it is not too late to conclude such an agreement. All he needs is a specific agreement and agreement on all the points that you want to fix. Well, it is equally important to comply with all requirements regarding the form and certification of such an agreement.

What is the advantage of the contract for the maintenance of the child and his place of residence

In any case, these issues must be resolved. And if the parents do not agree on this during the divorce process, all these aspects will still have to be determined in court. When it comes to voluntary settlement of relations regarding participation in the maintenance of the child and determining where he will live, this makes the situation easier for everyone. In this case, you yourself can decide everything by documenting it.

What is the form of such an agreement

The mentioned contract must be drawn up in writing and certified by a notary. We offer you to learn more about how the services of Prikhodko and Partners can be useful in this context. Hence:

• We provide informative and competent advice, thanks to which you do not need to independently research the current legislative norms and think about their practical application in your particular case.
• We draw up a draft agreement that is comfortable, clear and understandable to both parties. This allows us to take care of resolving the situation in the long term and smooth out all possible “sharp corners” of further interaction due to the fact that it will be clearly resolved.
• Possibility of accompanying a notarial certificate. For those who want competent lawyers to be involved at all stages of concluding an agreement, we offer such an opportunity and we can not only draw up a draft agreement, but also accompany its certification by a notary.

Specialists of the law office “Prikhodko and Partners” know how to help at all stages of concluding a contract for the maintenance of a child and determining the place of his residence after the divorce of his parents.