Safe marriage: how to get a marriage contract in Ukraine?

Last time we’ve discussed the matter of receiving a temporary residence permit in Ukraine through marriage. So if You wish to create a new family but also think ahead about Your mutual financial safety - consider the marital agreement as an option. 

Even though this type of agreement is not yet so popular in Ukraine, it is widely known abroad. 

Today we will talk about the legal regulation of the prenuptial agreement in Ukraine, which can help You to understand how things work here. 

Today we're going to talk about the most important nuances of the procedure. If you still have questions, or if you want to solve your question immediately, without spending too much time, please contact our experts for a personal consultation.

Related article: Obtaining a temporary residence permit in Ukraine on the basis of marriage: how to make it safe?

How is the prenup signed?

Prenuptial agreement must be signed in 3 copies. All three copies need to be signed by a notary, as they need to be notarized immediately. For our Clients, we usually arrange an appointment with a proven notary for a time that is convenient for them.

Who can become the marriage contract parties?

The contract can be drawn up by:

• Newlyweds, who have just applied to the civil register office. In this case, the marriage contract becomes effective on the day of registration.

• Spouses. In this case, the contract starts on the day when it was notarized.

Why is such a contract needed and how can it protect you?

This is a contract that can settle property issues long before the marriage itself, much less the dissolution of the marriage. It can include a variety of provisions and rules, the most common of which are:

• to predetermine the property that is acquired through marriage;

• define the property transferred by one of the spouses for the benefit of the family and establish a regime for the property given to the spouses as a gift following the registration of the marriage;

• approve the procedure for separation of property upon divorce;

• set the amount and timing of alimony payments;

• approve the procedure for the implementation of credit obligations, etc.

Related article: Is it possible to get information about your future ukrainian wife or husband?

How can You cancel the prenup agreement?

A unilateral withdrawal from the contract is not permitted. The spouses may only withdraw from the prenuptial agreement together. 

In such case, they can choose the moment when the rights and obligations established by the marriage contract shall be terminated:

• from the moment when the marital agreement was started;

• from the moment the application for refusal is filed at the notary.

How does a marital contract get terminated?

To do this, you will have to go to court. Moreover, it will be necessary not only to write an application and show a desire to break the contract, but also to collect evidence or information about what exactly prompted you to such a decision. 

When one of the spouses decides that his or her rights are limited by the contract, he or she has the right to apply to the court to invalidate the contract.

If you still have questions on this topic, please contact our experts. They will be able to provide advice on the preparation of the marriage contract or do the preparation.