Marriage (prenuptial) contract in Ukraine


In accordance with provisions of Section 10 of the Family Code of Ukraine, marriage relationships, rights and duties of spouses can be regulated by a Marriage contract as well if spouses wish to settle their property relations in other manner then it is provided by the Family Code of Ukraine.

Right to conclude marriage contract in Ukraine. This right is provided by clause 92 of the Family Code of Ukraine. In general, the marriage contract recognized as the mutual agreement about rights and duties before marriage, in marriage and after the marriage.

Marriage (prenuptial) contract can be concluded by a woman and a man, who applied for registration of their marriage as well as by spouses. Underaged person, who wants to conclude a marriage contract before registration of the marriage, is to have a signed consent of his/her parent or custodian certified by a notary.

Numerous provisions of this section of the Family Code of Ukraine provide quite extensive requirements as regarding the form and contents of the marriage contract and the procedural issues of making the same are regulated by appropriate Instruction of the Ministry of Justice of Ukraine as regarding the procedure of notarization of marriage contracts as well as far as notarization is required.

Contents of marriage contract in Ukraine. Imperative requirements as regarding content of the marriage contract are provided by clause 93 of the Family Code of Ukraine, which states that the marriage contract governs property relations between spouses, determines their property rights and duties. Marriage contract can also determine property rights and duties of spouses as parents, but with certain limitations. Personal relations of spouses cannot be regulated by the marriage contract, as well as personal relations between spouses and their children. This rule is also provided by clause 93 of the Family Code of Ukraine. Marriage contract, which reduce rights of children and put one of spouses on a poor material state, are not permitted by the above imperative regulation. Within the frameworks of the marriage contract none of spouses can acquire any immovable property or other property, which requires the state registration.

Form of marriage contract in Ukraine. Requirements as regarding the form of the marriage contract in Ukraine are provided in clause 94 of the Family Code of Ukraine. In accordance with provisions of the above regulation the marriage contract is to be made in the written form with imperative notarization.

Effective date of marriage contract in Ukraine. Clause 95 of the Family Code of Ukraine provides that if the Marriage contract was made before the state registration of the marriage, such marriage contract comes into effect the day of marriage registration. If the marriage contract is made by and between the spouses, the effective date of the same is the date of notarization of the same.

Validity of marriage contract in Ukraine. In accordance with clause 96 of the Family Code of Ukraine, term of validity of the marriage contract can be stated in such contract itself as well as duration of specific rights and duties. However Marriage contract or its specific clauses can be still effective also after dissolution of the marriage.

Legal regime of property in marriage contract in Ukraine. As it is provided by clause 97 of the Family Code of Ukraine, marriage contract gives an opportunity for spouses to choose the legal regime of property, which can be used for all property or for a part of the same. It can be joint ownership, share ownership or separate ownership. The law allows to spread the application of marriage contract to property already acquired by the date of conclusion of the marriage contract (including property acquired before marriage) and also to the property, which will be acquired in future.

The same regulation provides that the marriage contract can also determine the legal regime of property that spouses give for needs of the family and the legal regime of property gifted to spouses in honour of registration of their marriage.

There in the marriage contract the parties can arrange the procedure of division of property (including the case of marriage dissolution) and the procedure of using the property owned by both spouses or by only one of them in order to satisfy the needs of their children or other persons.

So, 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 and/or accommodation and to decide questions of support and other matters.

Changing conditions of marriage (prenuptial) contract in Ukraine. As provided by clause 100 of the Family Code of Ukraine, unilateral modification of terms and conditions of the marriage contract is not permitted. Terms and conditions of the marriage contract can be changed by both spouses only. An agreement about changing conditions of the marriage contract is to be notarized. Upon request of either of the spouses terms and conditions of marriage contract can be changed by the court, if it is required by his/her interests, interests of children, disabled adult daughter (son), which have essential significance.

Right to cancel marriage contract in Ukraine. Spouses have the right to cancel their marriage contract. Rights and duties settled by their marriage contract are terminated the day of applying for cancellation of the marriage contract as it is provided by clause 101 of the Family Code of Ukraine. However unilateral cancellation of marriage contract is not allowed.

Dissolution of marriage contract in Ukraine. Such possibility is provided by clause 102 of the Family Code of Ukraine, which says that upon request of either of the spouses their marriage contract can be dissolved by court award proceeding from grounds of essential significance, in particular if the marriage contract cannot be fulfilled.

Right to recognise the marriage contract as invalid in Ukraine. In accordance with clause 103 of the Family Code of Ukraine, upon request of either of the spouses or other person, whose rights were violated by the marriage contract, such marriage contract can be recognised to be invalid by the court decree proceeding from the grounds provided in the Civil Code of Ukraine.

The above information is provided herein in educational and informative purposes only. It is provided that you have to get appropriate legal advice as regarding the family relations of your interest in Ukraine in order to have the exact, extensive and up-to-date legal information.

Do not hesitate to contact us if you have any questions or issues of legal nature, our Law Firm is working for you and our experienced legal specialists are always ready to help providing the client with appropriate legal consultations, legal reports and summaries, reasonable legal advices and all the other requires legal support, assistance, coverage and protection.

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