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Drawing up a marriage contract

від 500 грн дог.

Drawing up a marriage contract

Drawing up a marriage contract in Lviv

The institute of marriage contract (drawing up a contract) has existed for a long time in European countries and the United States, where it is very popular. As for Ukraine, this concept was enshrined in law more than 20 years ago by the Law "On Demolition of Amendments to the Marriage and Family Code of Ukraine." However, this law did not regulate the conclusion of a marriage contract.

According to the new Family Code of Ukraine, Art. 92 provides for the concept of marriage contract, which is a written agreement between two persons wishing to marry. In addition, the conclusion of a marriage contract may take place among spouses who are already in a marital relationship.

Currently, the legislator points out that a marriage contract, which is concluded between the future spouses, one of whom is a minor, requires the written consent of the parents or guardians of the minor. Such consent must be notarized.

Such an agreement between the spouses (future and current) may regulate both the property relations of the parties before marriage and their disposal after its dissolution.

The tendency for a marriage contract (conclusion) is mainly manifested in those married couples in which one of the spouses has a certain status and financial resources.

This protects the spouses from the lengthy procedure of division of property and allows them to separate in a civilized manner. Therefore, most wealthy young people ask their "other half" to sign a marriage contract.

Family law of Ukraine stipulates that the marriage contract may stipulate the term of its validity, as well as the term to which certain obligations and property rights apply. But not many people enjoy this right and, of course, such a contract is valid indefinitely.

Like any other agreement, there is the possibility and some grounds to terminate the marriage contract. The spouses have the right by mutual consent to apply to a notary in order to terminate all the terms of the contract.

Neither spouse can unilaterally terminate the marriage contract. If it is impossible to fulfill the terms of the agreement for any reason, one of the spouses may request the termination of the marriage contract in court.

To avoid unpleasant incidents when drawing up a marriage contract, it is better to seek the help of specialists - lawyers who will be happy to help in drawing up such agreements.

Olson Law Firm offers the services of lawyers of the highest category, who know all the intricacies of drawing up such legal documents.

We offer our clients full support in drawing up a marriage contract, which allows clients not to violate each other's rights and not to specify in the contract conditions that contradict the law.

Any marriage contract, the conclusion of which provides a clear knowledge of the laws of Ukraine, may not contain the following conditions:

  • restriction of one of the spouses in legal capacity (for example, it is impossible to prohibit one of the spouses from working or studying, etc.);
  • restriction of one of the spouses in relation to the upbringing and participation in the life of children (for example, it is impossible to specify with whom the child will live after divorce, or to forbid to see the child after divorce);
  • it is not allowed to conclude a marriage contract in which one of the spouses is placed in unfavorable conditions, ie it is not possible to specify in the contract that after the divorce all the property passes to only one of the spouses.

Such conditions are the basis for declaring the marriage contract invalid. By contacting us for various services or advice, we guarantee complete confidentiality and proper legal support to our clients.

Olson's lawyers will not only help to draw up the document correctly, but will also explain how to terminate the marriage contract.

Frequently Asked Questions

• Why conclude a marriage contract ?

It exclusively regulates property relations between spouses, determines their material rights and obligations in marriage and/or divorce. The main purpose of a marriage contract in Ukraine is to settle property (material) issues of the family, be it the use of property, payment of debts, repayment of loans .

• What can be written in the marriage contract?

The parties to the marriage contract may determine: • - the legal regime of the property, which the wife and husband transfer for use for joint needs of the family; • - the legal regime of the property gifted to the spouses in connection with the marriage registration; • - the procedure for using housing; • -maintenance rights.

• Which person certifies the marriage contract ?

Article 94 of the Family Code of Ukraine stipulates that the marriage contract shall be concluded in writing and notarized. At the same time, both a public and a private notary can certify a marriage contract.

• When can a marriage contract be concluded?

If the marriage contract is concluded before the wedding, it enters into force on the day of marriage registration. If the couple is already married - from the date of signature .

• What cannot be stipulated in the marriage contract?

According to the third part of Article 93 of the Code, the marriage contract cannot regulate the personal relations of the spouses, as well as the personal relations between them and their children.