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Notarized agreement on child support and upbringing

Notarized agreement on child support and upbringing

Family legal relations concerning children are among the most sensitive and socially significant areas of law.  

After the divorce or termination of the cohabitation of the parents, they face the issue of not only the material support of the child, but also his/her upbringing, development, and participation of each parent in the life of the minor.  

Ukrainian legislation provides parents with the opportunity to settle these issues peacefully, without lengthy litigation, by concluding a notarial agreement.  

A notarial agreement on the maintenance and upbringing of a child is an effective legal instrument that allows you to fix the agreements of the parents in a legal form, give them legal force and ensure real protection of the child’s interests.  

Legal nature of a notarial agreement  

A notarial agreement on the maintenance and upbringing of a child is based on the provisions of the Family Code of Ukraine, in particular Articles 189, 190, 141-157 of the Criminal Code of Ukraine, as well as the Law of Ukraine “On Notaries”.  

In essence, such an agreement is a civil law contract between the parents, which is certified by a notary and acquires increased evidentiary and enforceable force.  

Unlike an oral agreement, a notarized contract has a clearly defined content, written form and can be used as a basis for enforcement in case of its violation.  

At the same time, such an agreement does not deprive the parties of the right to go to court if the terms of the agreement no longer meet the interests of the child.  

Parties to a notarial agreement  

The parties to a notarial agreement on the maintenance and upbringing of a child are the father and mother of the child, regardless of whether they were married. 

The legislation of Ukraine proceeds from the principle of equality of rights and obligations of parents in relation to the child, and therefore each of them has the right to participate in determining the conditions of his maintenance and upbringing.  

When certifying the agreement, the notary checks the identity of the parents, their expression of will and the compliance of the terms of the agreement with the requirements of the law, in particular regarding the prevention of restriction of the rights of the child.  

Subject of the agreement on the maintenance and upbringing of a child  

The central element of a notarial agreement is its subject, i.e. the specific obligations of the parents towards the child.  

The contract may regulate in detail the following issues:  

  • material maintenance of the child (alimony);  
  • participation in additional costs;  
  • upbringing and development of the child;  
  • the participation of each parent in making important decisions.  

As for alimony, parents have the right to independently determine their amount, frequency and method of payment. These can be both monthly payments and a one-time payment or transfer of property to support the child.  

It is important that the terms of the contract do not worsen the financial situation of the child compared to the minimum guarantees established by law.  

Special attention in the agreement should be paid to additional costs for the child: treatment, rehabilitation, training, development of abilities, rest. A clear definition of such costs allows you to avoid conflicts in the future.  

Determination of the child’s place of residence and the procedure for communication  

A notarial agreement may contain provisions on the child’s place of residence, if an agreement has been reached between the parents on this issue. At the same time, an important element of the agreement is the procedure for communication between the parent who lives separately.  

The agreement may provide for a specific schedule of meetings, the possibility of spending weekends, holidays, vacations together, as well as the procedure for telephone or online communication. 

This approach corresponds to the principle of ensuring a continuous emotional connection of the child with both parents.  

Requirements for the content and form of a notarial agreement  

A notarial agreement on the maintenance and upbringing of a child is concluded exclusively in writing and is subject to mandatory notarization.  

Its content should be clear, understandable and not allow double interpretation.  

The key requirement is compliance with the principle of priority of the rights and interests of the child. A notary has the right to refuse to certify an agreement if its terms clearly contradict the law or violate the rights of a minor.  

Advantages of a notarial agreement  

Among the main advantages of a notarial agreement on the maintenance and upbringing of a child are:  

  1. the ability to avoid litigation;  
  2. saving time and financial resources;  
  3. flexibility of conditions, taking into account a specific family situation;  
  4. granting of an agreement of enforceability;  
  5. reducing the level of conflict between parents.  

For many families, it is a notarial agreement that becomes the best way to settle relations after a divorce.  

Execution and enforcement of the agreement  

A notarized agreement is subject to mandatory execution by the parties. In case of non-fulfillment of obligations, in particular regarding the payment of alimony, it is possible to execute a notary’s writ of execution, which allows you to apply to the enforcement authorities without going to court.  

This significantly increases the effectiveness of the protection of children’s rights and disciplines the party who evades the performance of their duties.  

Amendment and termination of a notarial agreement  

Life circumstances can change, and therefore the law allows for the possibility of amending a notarial agreement or terminating it.  

This can be done by mutual consent of the parents by concluding a new agreement or in court, if an agreement could not be reached.  

At the same time, the court always assesses whether the proposed changes meet the interests of the child.  

Typical mistakes when concluding a deal  

In practice, mistakes related to the formal approach to drawing up a contract, the use of template wording without taking into account a specific situation, as well as the lack of a clear mechanism for fulfilling obligations are common.  

That is why the involvement of a professional lawyer at the stage of preparing the transaction is extremely important.  

розробка договорівThe role of a lawyer and a notary in concluding a contract  

A lawyer plays a key role in shaping the content of a notarial agreement on the maintenance and upbringing of a child. It helps parents to correctly formulate the terms of the contract, foresee possible risks and ensure that the document meets the requirements of the law.  

The notary, in turn, verifies the legality of the transaction, the authenticity of the will of the parties and certifies the agreement, giving it legal force.  

To receive qualified legal assistance in the preparation and support of notarial agreements regarding children, it is advisable to contact the law firm “Prikhodko & Partners”, which has practical experience in the field of family law and focuses on the real protection of the interests of clients and children.  

Therefore, a notarial agreement on the maintenance and upbringing of a child is a modern, effective and legal way to regulate family relations between parents.  

It allows you to ensure stability, predictability and protection of children’s rights, minimizing conflicts between adults.

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