The process of concluding a marriage contract in Ukraine
In order to avoid conflicts that may arise in marital life, it is worth concluding marriage contracts. This fact, which, unfortunately, is not yet an argument for most Ukrainian citizens, but is widely known abroad. That is why, in the case of marriages between Ukrainian citizens and citizens of other countries, conclusion of marriage contracts is the frequent practice.
Our company was recently contacted by a foreigner (U.S. citizen), who was going to marry a Ukrainian woman. According to him, he wanted to insure his property, and previously established certain property rules for their marriage. Also our Client wanted to know if the person he was going to marry was reliable — that's why he wanted to know if we provide person verification services.
Such precautionary measures might seem excessive at first glance, but in our practice we have already provided legal support of a criminal case of fraud and promised marriage.
We provided a consultation, which showed that the Client needed not only assistance with drafting and consulting a prenuptial agreement, but also legal support of the marriage.
Using the Client’s example, we will describe the procedure of development and conclusion of a marriage contract between a foreigner and a citizen of Ukraine.
You may also like: FAQS About Marital Agreements
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.
You may also like: Drafting a Prenuptial Agreement
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.
Our specialists are constantly in touch with the Client. They independently arrange the necessary processes for the Client to achieve its final goal comfortably.
See the cost and conditions of marriage contract services, as well as services concerning the subsequent legalization of the foreigner’s stay in Ukraine here. We have developed comfortable packages of services for legalization of the foreigner’s stay in Ukraine on the basis of the marriage.
Do you need professional assistance in concluding a marriage contract or obtaining a Temporary Residence Permit in Ukraine? Don’t hesitate to contact us!
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Everything about the conditions of the marriage contract here.