Although the institution of a marriage contract was introduced into Ukrainian legislation back in 1992, it never received widespread acceptance. The fault lies in the prejudices of Ukrainians, the vision of such an agreement as a manifestation of commercialism, the priority of property interests over personal interests in relationships.
However, if you are interested in such a topic as the price of a marriage contract, then you do not share these prejudices. And absolutely right! This brief overview from the specialists of Prikhodko & Partners Law Firm has been prepared in order to explain all the advantages of concluding such an agreement. And those disadvantages, which we will also mention, do not significantly reduce the potential benefits of this legal remedy.
Who should conclude a marriage contract and for what reasons?
No one is able to predict with one hundred percent probability the development of family relations. Seemingly strong marriages fall apart after a couple of years, and even, without ostentatious passion, family relationships can last a lifetime.
Similarly, it is impossible to predict changes in the financial situation of the spouses. Even if at the time of the wedding, neither the husband nor the wife has expensive property, everything can change in a few years.
Important! The conclusion of a marriage contract is a step ahead of events. The document can define the following fundamental points:
- to change the equality of shares in the spouses’ property presumed in the Family Code of Ukraine – in case of divorce, the spouse will have the right to claim only the share that is specified in the contract
- clearly define the regime of property that already exists at the time of the wedding, and will appear in the future (this will not necessarily be a common joint property);
- resolve the issue of maintenance, child support, other possible payments after divorce;
- distribute the possible costs of medical treatment, travel and recreation, caring for the elderly parents of a husband / wife, and so on.
Concluding a marriage contract is an advisable step for any couple. But this step is especially important in the presence of property, business, bank deposits before marriage, as well as the prospect of receiving a large inheritance during marriage.
What factors determine the cost of concluding a marriage contract?
In the course of collecting information on the Internet, interested users enter requests such as “drawing up a prenuptial agreement price” or “drawing up a prenuptial agreement price”. When the amount of costs seen seems too high, there is a temptation to find a ready-made sample of the document, download it, and then substitute your data in it.
Important! Don’t give in to this temptation! Each contract is individual and is drawn up by a lawyer based on:
negotiations between the parties;
verification of the authenticity of documents (in particular – for property);
collection of property data.
If you are interested in a prenuptial agreement, the preparation of this document can only be trusted by an experienced lawyer. By saving money, instead of preventing problems, you can secure their source.
Prenuptial agreement: conditions of conclusion, terms of validity, possibilities of termination
If we talk about the disadvantages of such an agreement, then the main one is the lack of the possibility of concluding for persons who are in the so-called civil marriage. Drawing up a marriage contract is allowed only for persons who:
- a) are already in an officially registered marriage;
- b) planning a wedding (they can submit a certificate of filing an application with the registry office).
Important! When concluding a contract, you should consider:
the terms of validity can be specified separately, otherwise the contract will be indefinite;
registration of a marriage contract is carried out with a notary, and this is a mandatory step, without which the document will not be valid;
at the request of both spouses, the contract can be either changed or terminated at any time.
Entrust the execution of the marriage contract to an experienced family lawyer at Prikhodko & Partners Law Firm in order to take advantage of all the benefits of this legal remedy.