Sulyk Roman

Head of family law practice

E-mail

sulyk@prikhodko.com.ua

Phone numbers

An attorney with extensive experience specializing in complex family disputes. As Head of Practice, he combines deep legal expertise with a personalized approach to every client. He ensures strategic protection of family interests and delivers impeccable results in the most challenging cases.

Marriage contract with a foreigner

A marriage contract in the law of Ukraine is a legal act concluded between brides or spouses in order to regulate property relations.

The normative basis is the Family Code of Ukraine (Articles 92-103), and the general provisions of the Civil Code of Ukraine on transactions apply to the issues of validity, interpretation and execution.

In the presence of a foreign element (different citizenship, residence abroad, assets or income in another state), the conflict of laws rules of the Law of Ukraine “On Private International Law” are additionally applied, which determine the law governing the property consequences of marriage, and the limits of the autonomy of the will of the parties.

A marriage contract cannot replace other legal instruments for registration of rights to property and has clear legal boundaries. Conditions relating to children or personal non-property relations of spouses are not the proper subject of the contract.

Provisions that narrow the rights of the child or put one of the spouses in an extremely disadvantageous financial position are also unacceptable.

Separately, it should be taken into account that the transfer of ownership of real estate and other property, the right to which is subject to state registration, requires a proper legal form and registration procedures and cannot be implemented by “bypass” constructions through a marriage contract.

What is advisable to regulate in international pairs:

property regime (personal/joint/mixed) and qualification of income and savings;
rules for the use of housing and the distribution of maintenance/repair costs;
compensation and settlements in case of termination of marriage (formula, terms, currency, evaluation criteria);
asset rules in different jurisdictions (real estate, accounts, business, investments).

What is risky and needs to be removed/reworded:

conditions about children (place of residence, order of communication, “upbringing”, etc.);
“behavioral” obligations and fines for non-property violations;
disproportionate restrictions on one of the parties, which actually deprive it of its property base;
attempts to “re-register” real estate through a contract instead of separate transactions with state registration.

Judicial practice: how marriage contracts are evaluated in a dispute

In the event of a conflict, the marriage contract is evaluated by the court taking into account its legal nature and legal restrictions:

compliance with the form is checked;
freedom of expression of will;
certainty and fulfillment of conditions;
compliance with the imperative prescriptions of family and civil law.

Most often, the problematic provisions are those that are formulated in general terms and do not contain the mechanics of implementation, create a significant imbalance of rights and obligations, or go beyond the subject of the marriage contract.

It will also be useful: Marriage contract

For contracts with a foreign element, an additional factor is the jurisdictional suitability of the document:

a dispute often arises due to the non-compliance of the form with the requirements of another state;
errors in the translation of key legal categories;
discrepancies in personal data;
failure to take into account the mandatory provisions of the law of the state of residence of the parties or the location of assets.

Separately, it is necessary to take into account situations when the agreement is concluded against the background of debts or disputes: if the consequence of the agreement is a significant deterioration in the property status of the debtor and complication of satisfaction of creditors’ claims, the risk of appeal increases.

What is usually crucial in a dispute:

clear identification of property/categories of property and rules for their qualification;
availability of execution mechanics (assessment, terms, currency, supporting documents);
proportionality of the consequences for the parties and the absence of signs of excessive restriction;
absence of conditions that go beyond the subject of the contract (children, non-property relations);
lack of signs of a focus on harm to third parties.

Participation of a lawyer: how to ensure the effectiveness of a treaty in “two countries”

In marriage with a foreigner, the marriage contract must not only be formally correct under Ukrainian law, but also practically suitable for use abroad in the country of residence of the spouses or in the country where key assets are located.

That is why the participation of a lawyer consists in building a legal structure of the agreement, harmonizing it with conflict rules and minimizing the grounds for challenge.

What does legal support include:

Legal audit: jurisdictions of residence, asset map, sources of income, debt risks, goals of the parties;
Modeling of the property regime and settlements: design, compensations, procedure for determining the value, terms, currency, evidence base;
Legal examination of the conditions: compliance with the boundaries of the marriage contract and general requirements for transactions;
Organization of the proper form: notarization, correct identification of the parties, coordination of personal data, bilingual text if necessary;
Preparation of the “suitability package”: control of the translation of legal terms, unification of data and the logic of using the contract in another state, depending on the circumstances.

Calculate the cost of services

1 question

Are your key assets located in different countries, or do you live/plan to live abroad?

Yes

2 question

Do you want to establish a separate property regime in your marriage contract or a joint regime with a clear division formula?

Yes

3 question

Do you have debt obligations or potential conflict risks that need to be taken into account in the terms of the contract?

Yes

Successful cases on the topic:

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THE TRANSFER OF LAND BY INHERITANCE

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Appeal against the decision of the Medical and social expert commission

Establishment of guardianship over an elderly person

Registration of care on a non-professional basis

Support for registration of marriage with a military man

APOSTILLE ON THE DECISION OF THE COURT

Appeal of inheritance contract

Division of foreign assets upon divorce

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Family law

A claim for guardianship A court decision on independent upbringing and maintenance of a child as a basis for obtaining a deferment A guardianship lawyer A lawsuit to declare a person incapable A statement of claim for recognition of a person as having lost the right to use residential premises A statement of claim for the recognition of a person with limited legal capacity A statement of claim to declare a person incapable Accompaniment of a lawyer in the children’s service Accompanying a person who needs constant care abroad Adoption of an adult Adoption of the wife’s child from the first marriage Agreement on maintenance and education of a child Agreement on the division of marital property Annulment of birth certificate Apostille and consular legalization of inheritance documents APOSTILLE AND LEGALIZATION OF DOCUMENTS IN UKRAINE Apostille for death certificate Apostille on the birth certificate APOSTILLE ON THE DECISION OF THE COURT Apostille on the marriage certificate Appeal against a court decision on divorce Appeal against the decision of the Medical and social expert commission Appeal against the refusal to register permanent care Appeal of inheritance contract Appealing a court decision on deprivation of parental rights Appealing the decisions and actions of the notary when registering the inheritance Applying for a deferment for a guardian of a person with a disability Arrange permanent care for an elderly person Automatic acceptance of inheritance Care on a non-professional basis for parents Certificate of child maintenance by stepfather Certificate of establishment of the fact of providing care for obtaining a deferral Certificate of last place of residence of the deceased CERTIFICATE OF PARENTS OF A LARGE FAMILY AS A BASIS FOR CROSSING THE BORDER CERTIFICATE OF THE FATHER OF MANY CHILDREN IF CHILDREN ARE FROM DIFFERENT MARRIAGES Challenge a will Change of surname to maiden name after divorce Changing a child’s last name during adoption Changing the child’s last name Changing the child’s surname without the consent of the father Changing the surname of a child up to 14 years old Claim for property division COLLECTION OF ALIMONY Collection of alimony from a person residing abroad Collection of alimony from seafarers abroad Conclusion of a marriage contract CONCLUSION OF THE CONTRACT FOR THE MAINTENANCE OF THE CHILD AND DETERMINATION OF THE PLACE OF RESIDENCE Conclusion of the MAC on the need for permanent external care Confirmation of independent maintenance of the child Constant care for a wife with disability group II Consultation of a lawyer on issues of surrogacy in Ukraine Contesting paternity and excluding information from the child’s birth record Contesting the gift contract Crossing the border on the basis of the act of establishing the fact of providing care Custody of the property of a person who is recognized as missing Declaration of a missing person Declaring a relative missing Deferral from mobilization based on the conclusion of the MAC Deprivation of parental rights Deprivation of parental rights abroad Deprivation of the mother’s parental rights Dissolution of marriage at the registry office or through the court Distribution of property upon divorce in Ukraine Division of foreign assets upon divorce Division of marital property: Crypto assets Division of property in case of divorce DIVISION OF PROPERTY IN DIVORCE DIVORCE Divorce if one of the spouses disappeared during hostilities Divorce online DIVORCE SERVICES Divorce without the presence of one of the spouses Establishing a legal fact in court in accordance with Ukrainian legislation Establishing custody of the child Establishing guardianship over a child through the court Establishing or challenging paternity Establishing paternity after the death of a military person Establishing paternity through the court Establishing the fact of child maintenance ESTABLISHING THE FACT OF DEATH IN TEMPORARY OCCUPATED TERRITORIES Establishing the fact of family relations Establishing the fact of family relationships to receive compensation in connection with the death of a serviceman Establishing the fact of family ties through the court Establishing the fact of living as one family Establishing the fact of living in the same family with the testator Establishing the fact of non-acceptance of inheritance Establishing the fact of paternity Establishing the fact of paternity after death Establishing the fact that the child is maintained by the stepfather Establishing the order of participation in raising a child ESTABLISHMENT OF FUNDS AND TRUSTS Establishment of guardianship Establishment of guardianship in court Establishment of guardianship over a disabled person of the 2nd group Establishment of guardianship over an elderly person Establishment of guardianship over an incapacitated person Establishment of guardianship over the mother Establishment of guardianship over the property of an incapacitated person Establishment of the fact of independent upbringing of the child by the father Estate Litigation Attorney Exemption from paying alimony Extension of the deadline for accepting an inheritance Family lawyer in Germany: protecting the interests of ukrainian citizens FAMILY LAWYER IN ITALY FOR UKRAINIANS Family mediation (mediation in family disputes) Fast increasing the amount of child support Gift agreement between relatives Gift agreement for a minor child Guardianship of an incapacitated person Guardianship of disabled parents Guardianship over parents as a basis for postponement Heritage with a foreign element How to establish the fact of residence by one family? Inheritance disputes Inheritance in Ukraine for Ukrainian citizens living abroad Inheritance lawyer abroad INHERITANCE OF BANK DEPOSITS Invalidation of a marriage Issuance of duplicate certificates and extracts from the Civil Registry Office Legal support for marriage registration in Ukraine Legal support for the adoption of a child Legal support of surrogate motherhood Legalization of a divorce certificate issued abroad Legalization of a marriage concluded abroad Legalization of a marriage concluded in Poland Making changes to the act record of the birth of a child Marriage certificate abroad Marriage contract Marriage contract with a foreigner MARRIAGE DISSOLUTION SERVICES ABROAD Marriage registration under martial law Notarized agreement on child support and upbringing Obtaining a border crossing permit in EU countries for minor children OBTAINING A CERTIFICATE OF A FATHER WITH MANY CHILDREN Obtaining a certificate of MAC on permanent care Obtaining a certificate of marital status Obtaining a death certificate Obtaining a duplicate birth certificate Obtaining a marriage certificate again Obtaining a MSEC certificate of disability Obtaining the conclusion of the Medical Advisory Committee: stages, necessary documents and step-by-step legal assistance Obtaining the MAC Conclusion in form 080-4/o Permanent care for a disabled person of the 1st group Permanent care for a disabled person of the 2nd group as a basis for postponement Permanent care for an elderly person. Postponement Probate lawyer PROCEDURE FOR CARE OF THE DISABLED GROUP 2 Procedure for establishing guardianship Proving the fact of maintenance of an illegitimate child Provision of care for children with disabilities in Ukraine Receiving an inheritance in Ukraine if you are abroad Receiving compensation by the heir for damaged or destroyed property Recognition of a foreign divorce decree in Ukraine Recognition of a person as incapable and appointment of a guardian RECOGNITION OF A PERSON AS MISSING OR DECEASED Recognition of a person as partially disabled Recognition of inheritance as dead Recognition of ownership rights over the deceased Recognition of paternity for the collection of alimony abroad Recognition of paternity through the State Civil Registry Office Recognition of the right to inheritance Reduction of alimony Refusal of inheritance in favor of another person Registration of a child born through reproductive medicine REGISTRATION OF A DONATION (DONATION AGREEMENT) Registration of care for a father: algorithm of actions Registration of care on a non-professional basis Registration of divorce abroad Registration of guardianship over a disabled child Registration of guardianship over a disabled person of the 1st group Registration of guardianship over a disabled person of the 2nd group Registration of guardianship over an elderly person Registration of inheritance Registration of inheritance in the occupied territory REGISTRATION OF PERMANENT CARE – 2025 Registration of permanent care for the wife REGISTRATION OF PERMISSION FOR THE CHILD TO GO ABROAD FROM ONE OF THE PARENTS Registration of the birth of a child in the occupied territory Registration of the birth of a child in the surrogate motherhood program in Ukraine Reissue of marriage certificate Removal of seizure from immovable property in an inheritance case Renewal of parental rights Renewal of permanent care Renewal of the birth certificate Representation in the guardianship and guardianship authorities REPRODUCTIVE MEDICINE LAWYER Restriction of parental rights Return of the child to the parents Returning a child to parents from social services abroad Setting a schedule of visits with your child Statement of claim for collection of alimony for a child Statement of claim for deprivation of parental rights Statement of claim for the adoption of a child Statement of claim for the removal of seizure from inherited property Support for divorce in Poland Support for registration of marriage with a military man Support in determining the place of residence of a child with his biological father Surname change after marriage with a foreigner Termination of parental rights by father’s consent THE TRANSFER OF LAND BY INHERITANCE THE TRANSFER OF REAL ESTATE TO INHERITANCE Travel abroad of a guardian of a disabled child Travel abroad of a guardian of an incapacitated person Turnkey divorce URGENT DIVORCE Voluntary relinquishment of parental rights