It is necessary to understand that a prenuptial agreement is, first of all, an agreement on resolving controversial issues of family life, concluded between persons entering into marriage or spouses.
A marriage contract regulates property relations between spouses, determines their property rights and obligations, as well as property rights and obligations of spouses as parents.
According to part three of Article 93 of the Family Code, a marriage contract cannot regulate personal relations between spouses, as well as personal relations between them and their children. So, the spouses will not be able, as before, to provide for personal obligations in relation to each other, as well as personal non-property relations between them and the children.
An important condition of a marriage contract is that its provisions cannot reduce the scope of the child’s rights established by the Family Code of Ukraine, as well as put one of the spouses in an extremely disadvantageous financial situation. Under a marriage contract, immovable property and other property, the right to which is subject to state registration, cannot be transferred to the ownership of one of the spouses.
A marriage contract may establish that certain property that belonged to one of the spouses before marriage or will be received as a gift during marriage will become their common joint property; can be determined by the size of the spouses’ share in the ownership of property that will be acquired during the marriage; may provide for the conditions for the division of common property in the event of divorce, as well as the procedure for paying off the debts of each of the spouses at the expense of common or separate property. A marriage contract may also contain a clause on the non-proliferation of property acquired during marriage, provisions on common joint ownership and a condition to consider this property as a common shared property or personal private property of each of them.
The most common reason for concluding a marriage contract is the desire of the parties to settle property relations among themselves. The undoubted advantage of such an agreement lies in the fact that spouses or persons who are just going to become one can settle them differently than defined in the legislation.
A marriage contract can be concluded by persons who have submitted an application for registration of marriage, or persons who are legally married. If the contract is concluded by a minor, a notarized permission from the parent or guardian is required. A marriage contract must be concluded in writing in the presence of a notary, exclusively by mutual agreement of the parties.
The minimum package of documents for drawing up a marriage contract includes a passport and registration number of the taxpayer account of each of the spouses, a marriage certificate if the marriage is concluded, or a certificate of filing an application for registration of a marriage if the couple is getting married; title documents for property.
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