The conclusion of marriage contracts (contracts) is gaining more and more popularity. This trend is well-founded, since the conclusion of this contract clearly regulates the property relations between the spouses, their property rights and obligations, which in the future prevents the emergence of similar disputes and disagreements.
Marriage contract in Ukraine. What you need to know.
According to the legislation of Ukraine, this contract is concluded between:
a) spouses who are married;
or
b) persons who get married (after submitting an application for marriage registration).
If a minor marries and wishes to enter into a marriage contract (after submitting the relevant application, but before the marriage), then the written consent (notarized) of his/her parents or guardians is required. After marriage, such a statement is not required, as the person automatically acquires the rights and obligations of an adult.
The Family Code of Ukraine stipulates that the marriage contract is concluded exclusively in writing and notarized.
If the marriage contract is concluded before the registration of the marriage, it enters into force at the time of registration of the marriage. If between spouses who are married, then on the day of its notarization. In the marriage contract, both the general period of its validity and the period of validity of its individual provisions (rights and obligations of spouses) can be established.
We draw your attention to the fact that the marriage contract regulates exclusively the material relations of the spouses, the material rights and obligations of the spouses as parents. A marriage contract cannot regulate the personal relations of the spouses, as well as the personal relations between them and their children.
The marriage contract may stipulate:
- property that the husband/wife transfers for joint use to the spouses;
- property that is their private property;
- use of property that belonged to both of them or one of them to meet the needs of their children, as well as other persons;
- the procedure for using housing can be determined;
- maintenance rights are determined;
- any other conditions regulating property relations, if they do not contradict the legislation of Ukraine. The parties to the contract can agree on the procedure for dividing property, in particular, in the event of a divorce.
At any time, the parties, by their mutual consent, may:
a) make changes to the current marriage contract (for this, they need to conclude a written agreement, which is notarized);
b) terminate the valid marriage contract (by submitting a corresponding written statement to a notary public).
Documents that must be submitted to the notary for the conclusion of the marriage contract:
1) passport/certificate for temporary or permanent residence, identification code.
2) Marriage registration certificate or a certificate from civil status registration authorities (confirming the submission of an application for marriage registration and setting the date of marriage registration).