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The Ministry of Justice explained how to properly conclude a marriage contract in Ukraine

Explanation about concluding a marriage contract
Міністерство юстиції роз'яснило деталі оформлення шлюбної угоди в Україні. Photo: hvylya.net

According to hvylya.net: The Ministry of Justice explained how to properly conclude a marriage contract, in what cases it can be changed, and when the contract can be declared invalid.

A marriage contract is an important tool for clearly regulating property relations between spouses. This document allows for the prior determination of the rights and obligations of the parties, avoiding conflicts in the event of divorce, and regulating the use of joint or personal property.

What can be regulated by a marriage contract

The marriage contract determines the property rights and obligations of spouses, including those of parents. The contract is concluded in writing in three original copies and must be notarized. Failure to comply with this requirement makes the contract void.

Among what can be defined in a marriage contract:

  • the legal regime of the spouses' property;
  • the procedure for dividing property;
  • the procedure for using housing;
  • the conditions for the maintenance of one of the spouses;
  • the use of property to meet the needs of children.

When a marriage contract is concluded

A marriage contract can be concluded by an engaged couple or the spouses themselves. Depending on this, the contract enters into force from the moment of registration of the marriage or notarization, respectively. The contract may also specify a duration or the validity of certain provisions.

Modification or termination of the contract

The marriage contract can be modified or terminated only by mutual agreement of the parties, or by a court decision if it is required by the interests of one of the parties, children, or disabled family members. The court may declare the contract invalid in a number of cases.

Features of the contract with a foreigner

If one of the spouses is a foreign citizen, the parties must determine which country's law will apply to the contract. This may be provided for in a separate agreement or included in the contract itself.

When drafting a marriage contract, it is important to agree on all issues of property relations between spouses and comply with the requirements for its conclusion. The document will help avoid potential conflicts in the future and clearly regulate legal relations in marriage.

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