Marriage contract

The concept of a marriage contract has existed in the world for a very long time. In our country, the institution of a marriage contract appeared in 1992 with the addition of Article 271 to the Marriage and Family Code. Today, the concept, content, Every year more and more people conclude marriage contracts. If 10 years ago it was considered a manifestation of mistrust, today it is a formality.rules for concluding a marriage contract are defined by Chapter 10 of the Family Code of Ukraine, which entered into force on January 1, 2004.

In particular, in 2004, 476 marriage contracts were certified, in 2005 their number increased to 687. Most marriage contracts are concluded in the city of Kyiv.

It is necessary to understand that a prenuptial agreement is, first of all, an agreement on resolving controversial issues of family life, concluded between persons entering into marriage or spouses. Innovation in the Family Code of Ukraine is the provision that a prenuptial agreement can be concluded not only before marriage, as established by the Marriage and Family Code, but also during the marriage.

A marriage contract regulates property relations between spouses, determines their property rights and obligations, as well as property rights and obligations of spouses as parents.

In accordance with part three of Article 93 of the Family Code of Ukraine, a marriage contract cannot regulate personal relations between spouses, as well as personal relations between them and their children. Thus, spouses cannot, as before, include in the marriage contract any obligations of a personal nature towards each other, as well as personal non-property relations between them and the children. This is the answer to the question of whether it is possible in a marriage contract, as for example in marriage contracts provided for by the legislation of other countries, to provide, for example, the procedure for intimate relations between spouses.

An important condition of a marriage contract is that its provisions cannot reduce the scope of the child's rights established by the Family Code of Ukraine, as well as put one of the spouses in an extremely disadvantageous financial situation. Under a marriage contract, immovable property and other property, the right to which is subject to state registration, cannot be transferred to the ownership of one of the spouses.

The marriage contract may establish that certain property belonging to one of the spouses before marriage, or will be received as a gift during the bark, will become their joint property; the size of the shares in the ownership of the property that will be acquired during the marriage can be attributed to the discretion of the spouses; conditions for the division of joint property in the event of divorce, as well as the procedure for paying off the debts of each spouse at the expense of joint property or the property of each of the spouses may be provided. A marriage contract may contain a clause on non-proliferation of the property acquired by them during the marriage, provisions on joint ownership, and a condition to consider this property as joint shared property or the property of one of the spouses.

The conclusion of a marriage contract is not an obligation, but a mutual expression of the will of persons to resolve issues of family life at their own discretion.

Turning to the law firm "NOVAKOVSKA & PARTNERS" you will receive a highly qualified advice on the registration of marriage contracts. A specialized lawyer will help you draw up a marriage contract correctly, which will provide you with confidence in the future and will become the key to happy family life.
Profile lawyer of the association - Lyudmila Novakovska tel. +38 (067) 504-42-82. CONTACT US