A marriage contract is an agreement on the resolution of family financial matters entered into by individuals entering into marriage or already married. According to the Family Code of Ukraine, a marriage contract regulates only property relations between spouses, determining their property rights and obligations, as well as the property rights and obligations of spouses as parents.
A marriage contract can be concluded either before the marriage registration, in which case the contract will take effect from the moment of marriage registration, or after the marriage registration, taking effect from the moment the contract is concluded and notarized.
In a marriage contract, you can specify:
- Regulation of property relations between spouses, their property rights, and obligations.
- Property rights and obligations of spouses as parents, such as the payment of a child’s education, household needs, expenses for medical examination, etc.
- Property that the wife or husband transfers for joint family use and the legal regime of property gifted to the spouses in connection with marriage registration.
- Parties may agree on the non-application to the property acquired by them during the marriage of the provisions of Article 60 of this Code and consider it as partially joint property or the personal private property of each of them.
- Parties may agree on the possible procedure for dividing property, including in the event of marriage dissolution.
- In the marriage contract, parties may agree on the use of property owned by both of them or one of them to meet the needs of their children and other persons.
- If the conditions, amount, and terms of alimony payment are specified in the marriage contract, in case of non-performance of obligations by one of the spouses, alimony can be collected based on the executive inscription of a notary.
- If, in connection with the conclusion of marriage, one of the spouses moves into the residential premises owned by the other spouse, the parties in the marriage contract may agree on the terms of use. The spouses may agree on the release of residential premises by the spouse who moved in, in case of marriage dissolution, with or without financial compensation.
A marriage contract can also include other rights and options for regulating the material rights of the parties, as long as it does not violate the legislation and moral principles of society. However, a marriage contract cannot regulate personal relations between spouses and personal relations between them and their children.
If you wish to regulate your financial relations with your future spouse and take care of the future of your children, please contact us. We will assist in preparing and notarizing a marriage contract according to your wishes and the requirements of the law.
Cost – upon request.
