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 2003. 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 spouses, but also to protect them from risk in case of divorce.
Object and subjects of the prenuptial agreement
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;
- Temporary residence permit;
- Permanent residence permit.
The very agreement may be concluded before or after marriage registration. 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. In this case we recommend regulating you relations by making a will in favor of your partner, buy real estate in partial ownership etc.
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.
It means that the marriage contract cannot regulate, for example, who will throw out the garbage from the house or the obligation not to commit adultery.
Why do I need the prenuptial agreement?
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 addition, the caselaw of the Supreme Court regarding the division of certain types of property also changes periodically. Taking into account that the caselaw of the Supreme Court is mandatory for the lower courts in resolving disputes, in practice a situation can arise (and has already arisen many times) that there are two radically opposite positions on the same family law issue. Therefore, it is impossible to predict exactly how your dispute will end in court. To sum up, do conclude marriage contracts and do not worry about such things.
The possibility of termination of the agreement or making amendments to it
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.
If you decide to amend the terms of your prenuptial agreement, you go to the notary (the same one that notarized your contract) and conclude an additional agreement with the new terms.
Trust professionals
To make the prenuptial agreement an effective instrument of your rights protection, ask a qualified lawyer to prepare the draft. Immigration lawyers of “Migrate” will take into account interests of both parties and find an optimal solution.
