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Marriage Contract (Contract)
A marriage contract (contract) is an agreement that may be entered into by spouses or persons entering into a marriage. A marriage contract may regulate solely the property relations between spouses, as well as their substantive rights and obligations in marriage and/or at the dissolution of marriage.
The main task of the marriage contract in Ukraine is to settle property (material) issues, such as the use of property, repayment of loans and payment of debts. At the same time, the legislation of Ukraine prohibits the regulation by a marriage contract of personal relations between spouses and personal relations between parents and children.
Who can enter into a marriage contract?
According to article 92 of the Family Code of Ukraine, a marriage contract may be concluded by persons who have filed an application for marriage registration, as well as by spouses. Citizens of Ukraine who have not reached the age of 18 also have the legal right to conclude a marriage contract, but because they do not have full legal capacity, the written consent of parents or a trustee is required, but which must be certified by a notary. In particular, persons living in a so-called civil marriage are deprived of the possibility of concluding a marriage agreement.
For minor spouses, the written consent of parents or a guardian is not required, as in accordance with article 34, paragraph 2, of the Civil Code of Ukraine, persons who have not reached the age of majority acquire full civil capacity from the moment of registration of a legal marriage. They are therefore legally entitled to a marriage contract.
What documents are needed?
In order to conclude a marriage contract, it is necessary to have a minimum of documents: passport, identification code, marriage certificate (for spouses) or certificate of application to the registry office, and written consent of parents or guardian – for minors.
Commencement and duration of the marriage contract.
According to article 95 of the Family Code of Ukraine, a marriage contract, which is concluded before the date of registration of the marriage, comes into force on the day of official registration of the marriage. And in case of conclusion of a marriage contract between spouses – on the day of notary certification.
According to article 96 of the Family Code of Ukraine, a marriage contract may establish a general period of its validity, as well as a period of validity of certain rights and obligations. Also, the marriage contract may establish the validity of the contract or its separate terms and conditions after the termination of the marriage.
Content of the marriage contract.
According to article 93 of the Family Code of Ukraine:
The marriage contract regulates property relations between spouses and defines their property rights and obligations;
A marriage contract may define the property rights and obligations of spouses as parents;
A marriage contract cannot regulate the personal relationship of spouses as well as the personal relationship between them and children;
A marriage contract may not reduce the scope of the rights of the child established by Family Code, nor may one of the spouses be placed in an extremely disadvantaged financial position;
Under the marriage contract, immovable property and other property, the right to which is subject to state registration, may not be transferred to the property of one of the spouses.
Is it possible to change the terms of the marriage contract?
Amendments to the contract can be made by mutual consent of both spouses, which must be notarized. Article 100 of the Family Code also provides for the possibility of amending the marriage contract on the basis of a court decision at the legal request of one of the spouses, where the interests of one of the spouses, children, as well as disabled adult daughter and son, which are essential, may serve as a basis for filing a claim.
Can a marriage contract be abandoned?
The right to refuse a marriage contract is contained in article 101 of the Family Code of Ukraine, where refusal of a marriage contract is possible only by mutual consent of the spouses because unilateral refusal of a marriage contract is not permitted.
In such a case, at the choice of the spouses, the rights and obligations established by the marriage contract shall be terminated from the moment of its conclusion or on the day of submission to the notary of the application for refusal.
Is it possible to terminate the marriage contract?
According to article 102 of the Family Code of Ukraine – At the request of one of the spouses, a marriage contract may be terminated by a court decision on grounds of material importance, in particular if it is impossible to implement it. It is very important that the plaintiff must prove that the grounds that led to the termination of the marriage contract are essential.
Can a marriage contract be invalidated?
According to article 103 of the Family Code of Ukraine, the Court may invalidate a marriage contract at the request of one of the spouses or another person whose rights and interests have been violated by the agreement. The grounds for such a requirement are reflected in the Civil Code.