Marriage contract: main aspects

Civil law
Law Services - Marriage contract: main aspects

🇺🇦Ukraine is confidently walking the European path of development. For European society, the conclusion of a marriage contract has already become a common tradition, which over the years is increasingly adopted by Ukrainians.

🤔What is it and what are its features

📄A marriage contract is a legal agreement concluded by the spouses of their own free will both before the registration of the marriage and at any time after its registration.

🔵What can be regulated by a marriage contract:
🔹legal regime of property;
🔹property division procedure in case of divorce;
🔹property and housing use order;
🔹 the right to maintenance of one of the spouses, its terms and amount;
🔹other conditions regulating property relations between spouses.

❌ At the same time, Ukrainian legislation prohibits the regulation of personal relations between spouses, as well as personal relations between parents and children, by a marriage agreement.
💁🏻‍♀️You cannot determine who should wash the dishes, take out the garbage, or cook in the marriage contract.

🔵Who has the right to enter into a marriage contract?
🔹Persons who submitted an application for marriage registration
🔹 Spouse

❕ It is worth noting that persons living in a so-called “civil marriage” cannot sign a marriage contract.
🔵What documents are required for a marriage contract?
🔹identification code (TIN)
🔹marriage certificate (for spouses) or a certificate of application to the Department of Social Security
🔹 written consent of parents – for minor children

🔵 How to conclude a marriage contract?
🔹Yes, it is concluded in writing in triplicate and notarized by a public or private notary.
🔹The duly executed contract is issued by the notary to each party in one copy, and the third copy is kept by the notary.

🔵 What is the validity period of the marriage contract?
🔹The general term of its validity can be established.
🔹At the request of the spouses, the duration of certain rights and obligations can be stipulated.
In addition, the parties can specify the validity of certain terms of the contract even after the termination of the marriage.
❕A contract drawn up before marriage enters into force on the day of marriage registration, and a marriage agreement between spouses on the day of notarization.

🔵 How to make changes to the marriage contract?
🔹If at the will of both spouses, they apply to the notary with a corresponding application.
🔹At the request of one of the spouses – according to the court’s decision, if it is required by his interests, the interests of children, as well as disabled adult daughters and sons, which are of significant importance.

🔵Is it possible to refuse a marriage contract?
🔹Yes, but only with the joint consent of the spouses. To do this, it is necessary to contact a notary and write a statement of refusal.
At the choice of the spouses, the rights and obligations established by the agreement are terminated from the moment of the conclusion of the contract or from the date of submission of the refusal statement to the notary. Otherwise, the document is considered invalid.

🔵 How to terminate a marriage contract?
🔹The validity of the marriage contract is terminated upon submission to the notary of the statement of the spouses about its termination. 🔹In addition, a marriage contract can be declared invalid by a court decision if its content contradicts the law, as well as if the person who concluded it was incapacitated or concluded it as a result of violence or on extremely unfavorable conditions for himself, as a result of difficult circumstances.