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Concluding a marriage contract when getting married in Ukraine

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Concluding a marriage in Ukraine, provided that one of the couple is a citizen of Ukraine and the other is a foreigner — in itself is a separate procedure, which should take into account certain nuances. If you want to protect your property interests, as well as in advance to discuss and fix important aspects for you, as a married couple, it is worth thinking about entering into a marriage contract.

Important! A visit to an experienced lawyer and the development of the agreement itself will cost much less than a long trial with the division of property.

Related article: Obtaining a temporary residence permit in Ukraine on the basis of marriage

Will a prenuptial agreement help protect real estate rights?

The first thing to keep in mind is that it is possible to enter into a prenuptial agreement both before and during marriage. 

So, we were approached by a married couple who had been married for several years, but came to the point where they were ready to conclude a prenuptial agreement. The family had real estate in Ukraine, as well as a certain set of corporate rights in the business in Ukraine and abroad, and they wanted to stipulate the possibilities of dividing the entire property.

One of the most common mistakes, which further negates all the value of the marriage contract, is the use of a ready-made template downloaded from the Internet. When drawing up a marriage contract it is necessary to take into account the peculiarities of each of the partners: property, citizenship, etc., to draw up a contract based on the needs and desires of the couple — this, of course, will not be taken into account in a template contract. 

So, if we take the example of our Clients, it was important not only to describe in detail the process of division of property, but also the fact that the document was to have legal effect outside of Ukraine. Legalization of the marriage contract outside of our state is not the most difficult, but time-consuming process. 

In the situation of our Clients, even despite the fact that they had real estate and business outside the territory of Ukraine, they indicated the Ukrainian law as the one which they will be guided during the divorce and division of property. To optimize the process, we drew up a bilingual marriage contract. Then our task was to notarize the marriage contract. The procedure was completed by attesting the apostille, which in the future will facilitate the procedure of recognizing the legal force of this agreement. 

You want to get married in Ukraine and want to sign a marriage contract? Please contact us! We will not only organize the whole procedure for you, but if necessary we will help you further with the legalization of stay in Ukraine on the basis of marriage.

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