Prenuptial agreements are more widespread abroad than in Ukraine. Maybe, it is caused by the peculiarities of mentality, but such contracts are more popular among foreigners, than among Ukrainian citizens.
The possibility of prenuptial agreements has existed in Ukraine since 1992. However, as we have already mentioned, this type of contracts is not very popular, as some consider it an expression of distrust, etc.
Nevertheless, when talking about marriage between Ukrainian and a foreigner, prenuptial agreement is a must. Such practice is absolutely normal abroad and allows not only to regulate financial relations of the spouse, but also to protect them from risk in case of divorce.
The spouses are the parties to agreement. It does not matter what is their citizenship, they must only meet the requirement of staying in Ukraine on legal grounds. To prove the legality a person has to present one of the prescribed documents:
- Valid passport;
- Temporal residence permit;
- Permanent residence permit.
The very agreement may be concluded before marriage or when it is already registered. It comes into force since the moment of marriage registration or after the notarization (if the marriage is registered already). For couples who are not officially married (and are not going to) the prenuptial agreement is not foreseen.
One should take into account that the prenuptial agreement regulates only the material side of the case: property issues, financial participation in upbringing of their children. Private relations between members of the family cannot be regulated by any agreement.
The practice demonstrates, the most often the idea of prenuptial agreement conclusion comes to persons at the age of 30 J As a rule, at this age people do not build illusions and have already their own property which they want to protect. Also, couples understand that it is much better to deal peacefully than spend time, money and nerves for taking a matter to court after divorce.
It is important to understand, half of success depends on the author of the agreement. Of course, you can find an example in Google, but Ukrainian legislation changes rapidly, and there is no guaranty this sample is actual and meets the legislative requirements. And if a contract contains illegal provisions it may be declared invalid at court easily.
In order to terminate the contract or change something in it, the consent of both parties is required. Unilateral termination is not provided. Any amendment to the agreement or its termination must be notarized.
To make the prenuptial agreement an effective instrument of your rights protection, ask a qualified lawyer to prepare the draft. Lawyers of “Bachynskyy, Kolomiets and partners” will take into account interests of both parties and find an optimal solution.