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.
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.
Key points to pay attention to when drafting a Prenuptial Agreement
Our company has obtained an identification code for the Client, because the marriage contract is a formal deed. And in order to sign a deed in Ukraine, you must have a personal tax code. Then we proceeded to the development of the contract.
First of all, the future couple should choose the legal regime that will guide them in signing the contract from the very beginning. As a separate option, a separate agreement can be drawn up to settle this issue. In this case, the couple chose the law of Ukraine as the one that will be used in the conclusion of the contract, and in settling the possible disputes.
As the marriage contract has a direct relation to the institution of marriage, it can be signed by only two kinds of persons: the spouses or the couple, which filed an application for the registration of the marriage, but have not yet registered it.
According to the Family Code, the Prenuptial Agreement must specify its term of validity, and additionally, the terms of the special provisions.
According to the Family Code, to be eligible to enter into a Prenuptial Agreement, you only need to apply for marriage registration or be already married. The contract must be concluded in writing and certified by a notary.
Please note! We are often asked about the necessity of assessing the property of spouses or registration of the marriage contract. In most cases it will be superfluous, and the registration of the contract is not stipulated by the law.
Remember that the conclusion of the marriage contract will be much cheaper than the lawsuits associated with the divorce. Moreover, such a contract can prevent a conflict situation and even save from divorce.
Can I find out information about the future bride/groom?
A separate important issue for our Client was to check the reliability of his future partner. Such a verification is indeed possible, and can be done in many different ways.
For example, one of the most “cruel” ways is a polygraph test, but most people refuse to undergo this procedure according to their beliefs, moreover it can damage the personal relationship of the future spouses.
Alternatively, you can use open registries, through which you can find information about the citizens of our state. However, this way doesn’t always help to disclose the bad reputation of the future companion.
Our lawyers will offer possible ways and depth of verification, from which the Client chooses the one that interests him and can be used exactly in his situation.
However, the verification does not exclude the value or necessity to conclude a marriage contract — it is the very tool that will reliably protect the property interests of both parties in the future.
Can you get a Temporary Residence Permit in Ukraine immediately after marriage?
A foreign citizen can apply for a Temporary Residence Permit after the marriage, on the basis of the certificate received.
The advantages of a Temporary Residence Permit are as follows:
After 2 years, a foreigner can apply for a Permanent residence Permit;
It is issued relatively quickly - within 15 business days.
This document can be used for one year (the permit on the basis of marriage is issued for 1 year), but it can be extended for an unlimited number of times.
Please note! There is a list of countries that are included in the migration risk group. If a citizen of such a state wishes to obtain the residence permit, it can be problematic, but there is a way out. In some cases, the residence permit can be obtained through the employer’s company, namely on the basis of a Work Permit.
It is worth noting that a residence permit through marriage is obtained more easily, but is not always an option. We will analyze your situation, and find the best option to achieve your goal.
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.