How to draw up a marriage contract

Sometimes, in order to avoid possible conflicts on the basis of property relations, the newlyweds can conclude a marriage contract. This practice has long been known abroad, but it is not yet widespread in our country. Such agreements in our country are associated with something immoral, with a feeling of mistrust between spouses, therefore they are concluded quite rarely. But given that the percentage of divorces is growing every year, such events before the wedding are becoming more and more relevant.

What is a marriage contract

A marriage contract is a legal transaction between newlyweds that governs their property relationships in marriage or in case of divorce. Also, in the clauses of the contract, the procedure for dividing material support and raising a child can be displayed.

In Ukraine, this agreement can only regulate the material side of marriage relations. That is, all issues related to personal relationships within the family cannot be the subject of this agreement. Unlike foreign counterparts, our marriage contract cannot include clauses on maintaining good physical shape or on self-development and the number of sexual contacts per month.

How is the marriage contract drawn up

According to the laws of Ukraine, a marriage agreement must be drawn up in writing in 3 copies. The contract must be registered with a notary, who explains to the spouses their rights and obligations under this document. In order to draw up a marriage contract, the following documents will be required:

  • Passport data of the pair;
  • Marriage certificate or certificate of filing an application with the Civil Registry Office;
  • If the newlyweds are not adults, then parental permission is also required.

For engaged couples, the agreement enters into force on the day of marriage, and for spouses on the day of signing.

It should be noted that, according to the law, an agreement cannot put one of the spouses in an extremely disadvantageous financial situation. This concept is very loose. In litigation, each court individually decides which property situation is considered extremely disadvantageous. If the division of property under an agreement is too unequal, there is a high probability that such an agreement will be declared invalid.

Also, a marriage contract may contain clauses providing:

  • Determination of the property transferred by each of the spouses for joint use, which allows it to be returned to the owner in case of divorce;
  • Non-proliferation of the provisions of the Family Code on the joint property of spouses to material assets acquired in marriage;
  • The procedure for the division of property in case of divorce;
  • The procedure for using common or personal property to meet the needs of the child or third parties;
  • Determination of the share of each spouse in the common property;
  • The responsibilities of each of the spouses regarding family budget issues;
  • Compensation for eviction from housing to a spouse who moved in after a divorce;
  • Determination of the amount and timing of the payment of alimony;
  • Termination of material support for one of the spouses, in exchange for a one-time property compensation;
  • Business separation upon divorce.

Termination of a marriage agreement

A marriage contract can be terminated or changed only at the initiative of both spouses or by a court decision. Moreover, to change the clauses of the agreement, a repeated notarial registration will be required.

A good reason is required to terminate a marriage agreement through a court. The reason for this may be: the impossibility of fulfilling the clauses of the contract, the risk of harm to the family, illegal actions of one of the spouses, etc.

Also, if the rules for drawing up a marriage agreement are not followed, the document may be invalidated upon request. Therefore, it is worth taking seriously the filling out of the contract and, if possible, consult a professional lawyer.

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