How to execute a prenuptial agreement in Ukraine?

If you intend to start a family and do not want to be one of those married couples who often quarrel about every dime, you should think about drawing up a prenuptial agreement.

Statistics say that in 2019, about two and a half thousand (2500) married couples signed such contracts, which is about 1% of all the marriages that took place in 2018. And this figure continues to increase. Since many have only a vague idea of ??the nature of the marriage contract, we will talk about how to correctly draw it up and what to focus on.

We give answers to the most common questions on this topic. 

How does the registration of a prenuptial agreement take place?

The marriage contract is signed in 3 copies and is notarized by a private or public notary.

Related article: To stay in Ukraine on the basis of marriage: is it possible to check your soulmate in advance?

Between whom can a marriage contract be drawn up?

The contract may be drawn up by:

• The newlyweds, who just submitted their application to the Civil Status Registration Office - then the entry into force occurs on the day of registration of marriage. 
• Spouses. In this case, the contract begins its effect from the day when it was notarized.

What is the validity period of a marriage contract?

The contract between the spouses may establish the general period of its validity, and may also be the duration of certain rights and obligations. It may also stipulate its full effect or its individual conditions even after the dissolution of the marriage.

What is the essence of a marriage contract?

This agreement regulates relations between spouses in the field of property, and therefore the number of the following conditions can be added to it:

• predetermine property that is acquired in a marriage;
• determine the property that is transferred by one of the spouses for the benefit of the family, as well as establish the regime of property that was presented to the spouses as a result of marriage registration;
• approve the procedure for the division of property during a divorce;
• set the procedure for using housing and property;
• establish the amount and terms of payment of alimony;
• determine the procedure for using cash;
• approve the procedure for the implementation of credit obligations.

Normally, the contract does not prescribe specific amounts, here, as a rule, the calculation is in percentage terms.

Related article: Prenuptial agreements in Ukraine: myths and reality

How to amend a prenuptial agreement?

It is not possible to unilaterally amend a marriage contract. Changes may be made exclusively by both parties to the couple.

There are 2 options for making changes:

• by their joint declaration with a notary;
• by amending a court decision (if it is required by the interests of one of the spouses, the interests of children or disabled adult children).

What are the ways to refuse a marriage contract?

Unilateral refusal of the contract is also not allowed. Spouses can only together implement a waiver of the marriage contract.

In this case, they choose from which moment the rights and obligations established by the marriage contract are terminated:

• from the moment of conclusion of the contract;
• from the moment of filing an application to refuse it to a notary.

What is the procedure for the termination of the marriage contract?

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. In court, it will be necessary to prove the circumstances that prompted one of the spouses to make such a decision.

In the event that one of the spouses decides that his/her rights are limited by this contract, he/she has the right to appeal to the court in order to invalidate such a contract.

If you still have any questions about this topic, please get in touch with our specialists. They will be able to provide their legal advice on drawing up a marriage contract and its preparation.