Each spouse forms his own model of family life, which is favorable for him, and the conclusion of a marriage contract can contribute to this. In Ukraine, conversations between spouses regarding the marriage contract are associated with mistrust, and sometimes with the artificiality of marriage as such.
A marriage contract is a notarized agreement concluded between persons entering into marriage or spouses, which regulates their financial, property rights and obligations. A marriage contract can be concluded before marriage registration, it enters into force on the day of marriage registration. If the marriage contract is concluded by the spouses, it enters into force on the day of its notarization.
In the marriage contract, spouses cannot provide for any personal obligations towards each other, as well as personal relations between them and their children.
The peculiarity of the marriage contract is that the property rights and obligations of the spouses may be determined differently than provided for by the general rules of family law.
In practice, a marriage contract is primarily used not to regulate cohabitation and use of property, but in the event of a marital breakup. Therefore, it is certainly possible to determine the possible order of property division after the dissolution of marriage in the marriage contract. In this case, it is possible to avoid endless lawsuits for the division of property and negative attitudes between individuals, having more chances to maintain good relations after the divorce.
The institution of the marriage contract has existed for a long time and is successfully used in the countries of Western Europe and the USA.
According to statistics, during 2021, 214,000 marriages were registered in Ukraine and 4,099 marriage contracts were certified by notaries. Kyiv is the leader in the number of union registrations - 25,301 last year, and Dnipropetrovsk region is in second place - 18,577 marriages.
Also, it is worth remembering that a marriage contract is a type of agreement, so it can be declared invalid by the court from the date of its conclusion, and the professional team of Dynasty Law & Investment lawyers is ready to provide you with qualified legal assistance.
Alina Shulika, attorney at Dynasty Law & Investment