В Украине мода на брачный договор только зарождается. За границей в таком документе иногда прописывают даже количество и продолжительность свиданий супругов. У нас брачным контрактом регулируются только имущественные и финансовые отношения.
Why did we bring up the topic of a marriage contract?
- Last week, Fresco company had an interesting deal: an apartment in one of Odesa's new buildings was bought by a client from Germany. Among the documents required for registration, she had a marriage contract. According to this document, the property she acquires during marriage is considered her own. And in case of divorce from her husband, the value of the apartment she purchased will not be split equally with the spouse, despite the purchase being made during marriage.
- Periodically, the company Fresco receives requests from buyers when a wife or husband wants to purchase and register an apartment so that it becomes their personal property. In such cases, we recommend contacting a notary and concluding a marriage contract. And only after that should they acquire real estate.
How to arrange a marriage contract in Ukraine to preserve your nerves and property in case of divorce
It is believed that a marriage contract is needed only in case of divorce: to avoid spoiling each other's nerves during separation, each spouse takes only what is stipulated in the document. In fact, a marriage contract can include clauses that regulate financial and property relations even in peaceful times: who pays for what, who and in what proportion provides for the children, whose car we drive, whose money we use to buy a house and apartment, etc.
However, since property disputes mainly arise during spouses' separation, the marriage contract is usually remembered during divorce.
What to consider when concluding a marriage contract
- To draw up a clear, transparent, and beneficial document for both spouses, we recommend consulting a professional lawyer. He will be able to consider all nuances, correctly describe the property, divide obligations, and correctly formulate the terms of the contract.
- The document is drawn up by a notary only in written form in three copies.
- A marriage contract can be concluded either before marriage or during a happy family life.
- A marriage contract with a foreigner can be concluded both in Ukraine and in the partner's home country. However, if, for example, according to the contract one spouse would be left with nothing, this would contradict Ukrainian legislation. Such a document would be considered invalid in our country.
- List of documents required for concluding a marriage contract:
- passports;
- identification codes;
- marriage certificate or certificate of application submission to ZAGS;
- original documents for all acquired registered property.
- The contract can be terminated or its conditions changed at any time. For this, you need to apply to a notary with a statement of termination from both spouses.
Mandatory points that must be specified in the marriage contract
We note that each case of drawing up a marriage contract is individual. We recommend listening to the opinion of professional lawyers who will draw up the text of the document and include all necessary points. Below we note the mandatory conditions of the marriage contract that must be included in the document to preserve the property of each spouse in case of divorce.
