According to the law of Ukraine marriage relationship, rights and duties can also be regulated by a marriage contract. The Family code of Ukraine (effective as of 1 January, 2004) regulates the main issues of a marriage contract in Ukraine.
Right to conclude a marriage contract
A marriage contract is a mutual consent about mutual rights and duties before marriage, in marriage and after marriage.
A marriage contract can be concluded by a woman and a man who applied for registration of their marriage as well as by spouses. Underage person who wants to conclude a marriage contract before marriage registration is to have a signed consent of his/her parent or custodian certified by a notary.
Content of marriage contract
A marriage contract regulates property relationship between spouses, determines their property rights and duties. A marriage contract can also determine property rights and duties of spouses as parents. A personal relationship of spouses cannot be regulated by marriage contract, as well as personal relationship between spouses and their children. Marriage contracts which reduce rights of children and put one of spouses on a poor material state are not permitted by law. Under a marriage contract none of spouses can get an ownership for immovable property or another property that are subject to state registration.
Form of a marriage contract
A marriage contract is to be concluded in written form and notarized.
Effective date of a marriage contract
If a marriage contract was concluded before marriage registration, a marriage contract comes into effect the day of marriage registration. If a marriage contract is concluded by spouses, it comes into effect the day of its notarization.
Duration of a marriage contract.
A marriage contract can stipulate the duration of a marriage contract as well as the duration of specific rights and duties. However, a marriage contract or its specific clauses can be still effective also after dissolution of marriage.
Legal regime of property in marriage contract
A marriage contract gives the opportunity for spouses to choose the legal regime of property, which can be used for all property or for its part. It can be joint ownership, share ownership or separate ownership. The law allows to spread the application of marriage contract to a property already acquired by the date of conclusion of a marriage contract (including property acquired before marriage) and also to a property, which will be acquired in future.
According to the Family law of Ukraine a marriage contract can also determine the legal regime of a property that spouses give for family needs and the legal regime of a property gifted to spouses for their marriage registration.
In a marriage contract the parties can arrange the procedure for division of a property (including the case of marriage dissolution) and the procedure for use of a property owned by both spouses or by one of them to satisfy the needs of their children or other persons.
So, a marriage contract allows the parties to determine the best legal regime of property for them, to settle property relations between them, to determine the order of use of accommodation and to decide questions of support and other matters.
Changing conditions of a marriage contract
Unilaterally change of conditions of a marriage contract is not permitted. The conditions of a marriage contract can be changed by spouses. An agreement about changing conditions of a marriage contract is to be notarized. Upon request of one of spouses a marriage contract can be changed by court, if this is required by his/her interests, interests of children, disabled adult daughter (son), which have essential significance.
Right to cancel marriage contract
Spouses have the right to cancel their marriage contract. Rights and duties settled by a marriage contract are terminated the day of applying for canceling a marriage contract.
Dissolution of a marriage contract
Upon request of one of spouses a marriage contract can be dissolved by court decree on the grounds that have essential significance, in particular if a marriage contract cannot be fulfilled.
Invalid marriage contract
Upon request of one of spouses or another person, the rights of whose were violated by a marriage contract, this marriage contract can be deemed invalid by court decree on the grounds established by the Civil Code of Ukraine.
The above is intended to provide a brief guide only. It is essential that appropriate professional advice is obtained. Our company will be glad to assist you in this respect.
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