How can a marriage contract or an agreement on...?

Marriage contract:

A marriage contract can be concluded by persons who submitted an application for marriage registration, as well as spouses.

According to the provisions of Article 95 of the Family Code of Ukraine, if the marriage contract is concluded before the marriage registration, it enters into force on the day of marriage registration.

If the marriage contract is concluded by the spouses, it enters into force on the day of its notarization.

Terms of the marriage contract:

1. definition of the property that the wife or husband transfers for use for joint needs of the family, as well as the legal regime of the property gifted to the spouses in connection with the registration of the marriage;

2. non-application of the provisions of Article 60 of the Civil Code of Ukraine to the property acquired by them during the marriage and to consider it as joint partial property or personal private property of each of them;

3. determination of the possible order of property division, including in case of divorce;

use of property belonging to both of them or one of them to provide for the needs of their children, as well as other persons;

1. any other conditions regarding the legal regime of property, if they do not contradict the moral principles of society;

2. the procedure for using housing. Spouses can agree on the release of the residential premises to the spouse who moved into it, in the event of a divorce, with or without payment of monetary compensation;

3. about living in a residential premises that belongs to one of them or is their joint property, of their relatives;

4. about providing support to one of the spouses regardless of incapacity and need for financial assistance under the conditions specified in the marriage contract;

5. the possibility of termination of the right to maintenance of one of the spouses in connection with his receipt of property (monetary) compensation.

Unilateral rejection of the marriage contract is not allowed (Article 101 of the Family Code of Ukraine).

By mutual agreement, the spouses have the right to withdraw from the marriage contract. In this case, at the choice of the spouses, the rights and obligations established by the marriage contract are terminated from the moment of its conclusion or on the day of submission of the application to the notary to renounce it.

At the request of one of the spouses, the marriage contract may be terminated by a court decision for reasons of significant importance, in particular, in case of impossibility of its execution.

Agreement between divorcing spouses:

The wife and husband have the right to conclude all contracts between themselves, which are not prohibited by law, both with respect to property that is their personal private property, and with respect to property that is the object of the right of joint co-ownership of the spouses. Spouse contracts, which have found their direct consolidation in legislation, include:

• contracts of the wife and husband regarding their property;

• contracts of the wife and husband on the provision of mutual support;

• child support agreements.

These contracts can be fixed by spouses in a single contract.

The spouses have the right to submit to the court an application for dissolution of marriage together with a written agreement about which of them will live with the children, what participation in ensuring their living conditions will be taken by the parent who will live separately, as well as about the conditions for exercising the right to personal education children What amount of alimony will be paid by the parent who does not live with the child. The parent who lives with the child, in case of evasion of the contract, is obliged to compensate the material and moral damage caused to the other parent.

Also, in the contract, the spouses can stipulate issues regarding the division of the property of the spouses. An essential condition of the agreement on the division of marital property is the subject of the agreement. During the conclusion of the contract, it is necessary to establish the amount of jointly acquired property, sources of its acquisition and value. The contract specifies the list of property that passes into the personal private property of each of the spouses, how the transfer of property will be carried out and formalized (if necessary), the terms of its transfer, etc. The contract between the divorcing spouses is concluded in writing and is subject to notarization.

According to the first part of Article 651 of the Civil Code of Ukraine, termination of the contract is allowed only with the consent of the parties, unless otherwise established by the contract or law.

In case of termination of the contract, the obligations of the parties are terminated.