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What is the marriage contract in Ukraine?

The peculiarities of the marriage contract in Ukraine are provided in the Family Code of Ukraine.

According to the Article 92 of the Family Code of Ukraine, a marriage contract may be executed by and between the persons who applied for marriage registration or by and between the spouses. If a party to a marriage contract is a minor, a written consent of their parents or guardians certified by a notary shall be required. 

WHAT IS THE SCOPE OF A MARRIAGE CONTRACT?

Article 93 of the Family Code of Ukraine stipulated that, a marriage contract governs material relations of the spouses and defines their property rights and obligations.

A marriage contract may define property rights and obligations of the spouses as parents.

Marriage contract may not regulate personal relations of the spouses and their personal relations with their children.

A marriage contract may not affect the scope of rights of the child defined by this Code and may not place either spouse in an explicitly unfavourable position.

Real estate or any other assets title to which is subject to state registration may not be transferred to either spouse under the marriage contract.

WHAT IS THE FORM OF THE MARRIAGE CONTRACT?

The marriage contract shall be made in writing and certified by a notary (Article 94 of the Family Code of Ukraine).

COMMENCEMENT OF THE MARRIAGE CONTRACT?

As stated by the Article 95 of the Family Code of Ukraine, if the marriage contract is executed prior to the marriage registration, it shall become effective as of the day of the marriage registration.

If the marriage contract is executed by the spouses, it shall become effective as of the day of certification by the notary.

WHAT IS THE TERM OF THE MARRIAGE CONTRACT?

According to the Article 96 of the Family Code of Ukraine, the marriage contract may envisage its overall duration as well as the duration of specific rights and obligations.

The marriage contract may define that the contract or any portions thereof may continue in force even upon the marriage dissolution.

LEGAL PROVISIONS OF THE MARRIAGE CONTRACT GOVERNING THE USE OF ASSETS

As stated by the Article 97 of the Family Code of Ukraine, the marriage contract must identify the assets provided by either spouse for the common needs of the family as well as the legal grounds for the use of any assets given to the couple on the occasion of the marriage registration.

The parties may come to an agreement that Article 60 of this Code shall not apply to any assets acquired by them during the marriage and that such assets shall be deemed either their common property or personal property of each one of them.

The parties may agree on the possible procedure for division of their assets, including in case of the marriage termination.

The parties may determine in the marriage contract the use of any assets owned by both of them or each one of them separately to cover any needs of their children and any other persons.

The parties may include into the marriage agreement any other legal terms and conditions for the use of any assets provided, however, that such provisions are not in conflict with the moral principles of the society.

GOVERNING THE USE OF RESIDENTIAL PROPERTY IN THE MARRIAGE CONTRACT

If one of the spouses moves into the residential property owned by the other spouse due to the marriage, the parties may define the terms and conditions for the use of such residential property in their marriage contract. The spouses may agree that the spouse who moved into the property shall move out in case of the marriage termination, with or without financial compensation as applicable. The parties may agree to reside in a residential property owned by either spouse or jointly by both spouses or by any of their relatives (Article 98 of the Family Code of Ukraine).

RIGHT TO MAINTENANCE IN THE MARRIAGE CONTRACT

According to the Article 99 of the Family Code of Ukraine, the parties may come to an agreement that either spouse will be given maintenance regardless of their capability and need in material support on the applicable terms and conditions encompassed by the marriage contract.

In case the marriage contract defines terms, conditions and amount of alimony and where either spouse is in default of their obligation thereunder, alimony may be collected under the executive order issued by the notary.

The marriage contract may envisage that either spouse may no longer be entitled to maintenance due to any property or monetary compensation received by them.

HOW TO MAKE AMENDMENTS TO TERMS AND CONDITIONS OF THE MARRIAGE CONTRACT?

As stated by the Article 100 of the Family Code of Ukraine, any terms and conditions of the marriage contract may only be amended if consented by both parties.

The spouses may amend the marriage contract. Any amendments to the marriage contract shall be certified by notary.

The marriage contract may be modified by the competent court on demand of either spouse if this is caused by their vital interests, interests of their children or incapable adult daughter/son.

RIGHT TO WITHDRAW FROM THE MARRIAGE CONTRACT

According to the Article 101 of the Family Code of Ukraine, neither party may withdraw from the marriage contract unilaterally.

The spouses may withdraw from the marriage contract. In this case, at the couple's discretion, the applicable rights and obligations defined by the marriage contract shall terminate as of the time of execution thereof or as of the time a withdrawal notice is submitted to the notary.

TERMINATION OF THE MARRIAGE CONTRACT

Article 102 of the Family Code of Ukraine, on demand of either spouse, the marriage contract may be terminated if so decided by the competent court in connection with any reasons of essence, such as the impossibility to fulfil such contract.

HOW TO DECLARE OF THE MARRIAGE CONTRACT AS NULL AND VOID?

As stated by Article 103 of the Family Code of Ukraine, upon demand of either spouse or any other person whose rights and interests are infringed under the marriage contract, the marriage contract may be declared by a competent court as null and void due to the applicable provisions envisaged in the Civil Code of Ukraine.

Please also see the following articles How to marry in Ukraine and Family lawyer in Kyiv will help you to protect family rights

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