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Prenuptial Agreement

Every year, the marriage contract in our country is becoming more and more popular. But even this fact does not save from the fact that many still do not understand what this is and what advantages it can give.

A marriage contract can be concluded between those who have already entered into a marriage or between those who have just filed an application with the civil registry office.

→ The second option means that the marriage contract will enter into force from the moment of official registration of the relationship between the spouses. The contract must be notarized because this document regulates the property relations of those who marry. By mutual consent, the contract may contain information about property issues related to child maintenance.

In essence, a prenuptial agreement describes the relationship and rights of spouses to the property jointly acquired in marriage. Even if one of the spouses after marriage will live on the living space of the second spouse, the marriage contract may even contain information about the use of such housing. The law does not impose restrictions on the spouses as to what clauses can be included in the marriage contract. The main condition is that such provisions should not violate the current legislation of Ukraine or the moral foundations of society.

Do not forget that the main information that a marriage contract should contain is the division of property in the event of divorce.

When entering into a contract, one of the spouses under its provisions cannot be in more unequal conditions than the other spouse. Otherwise, such an agreement may later be terminated in court or invalidated. In all other cases, a prenuptial agreement is an opportunity to save your time and nerves in the future.

Can I change the prenuptial agreement after the wedding?

From the law, a marriage contract can be terminated or changed by the mutual consent of the parties. If there are legal grounds for this, such a procedure can be carried out in court at the request of one of the parties.

How does a prenuptial agreement work?

A prenuptial agreement is valid like any other agreement concluded between individuals. If a dispute arises, the subject of which is the marriage contract or its contents, the parties can apply to the court for its resolution.

Can a prenuptial agreement be terminated in court?

Spouses have the full right to apply to the court with a statement of claim for forced termination of the contract. In this case, all significant reasons for such treatment will be taken into account. If the terms of the marriage contract cannot be fulfilled, the contract can also be terminated in court.

What are the grounds for invalidating a marriage contract?

There are no specific grounds for such a decision in the current legislation of Ukraine. In this case, the court will be guided by the General grounds that apply to contracts concluded by individuals.

How does a prenuptial agreement affect children?

A prenuptial agreement cannot affect the personal relationship between parents and children. If this happens, it is a direct violation of Ukrainian legislation. Material issues of child maintenance can be specified in the contract on a General basis.

If you have any difficulties related to the conclusion or drafting of marriage contracts, then the assistance of a lawyer, in this case, is extremely necessary. Even if you are no longer married, and your property has been divided, the help of a professional lawyer of Kasyanenko & Partners Law Company will help determine the correctness of the section, the terms of the marriage contract and the responsibility of the parties for their failure to comply. This will help to avoid problems in the future or restore the violated justice.

Dmytro Kasyanenko

Lawyer, managing partner of the Kasyanenko & Partners Law Firm. Since 2002, he has gained extensive legal experience in key positions in business structures and the public sector in the field of law and finance.

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