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

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Last time we’ve discussed the matter of receiving the temporary residence permit in Ukraine through the 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 agreements 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. 

Let’s answer the most common questions concerning the matter.

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

1. How is the prenup signed?

Prenuptial agreement must be signed in 3 copies and notarized by a public or private notary.

2. 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.

3. What's the point of the marital contract?

This agreement regulates relations between spouses in the field of property. Therefore, it can include such conditions:

  • 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?

4. 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.

5. How does a marital contract get terminated?

According to the legislation of Ukraine, it is possible to terminate the marriage contract at the request of one of the spouses by a court decision. It will be necessary to prove the circumstances that pushed one of the spouses to make 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 altogether.

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