Marriage contract in Ukraine. A practical guide for couples

A marriage contract is a practical tool for those who want to settle property issues in advance and avoid potential conflicts in the future. Although it cannot solve all family problems, a properly drafted contract will help protect the interests of both parties and ensure transparency in material relations.

What is a marriage contract?

A marriage contract is a written agreement between people who are going to get married or are already married. This document allows you to independently determine property rights and obligations in marriage and in the event of its dissolution.

The main feature of such an agreement in Ukraine is that it can only regulate property relations. Personal relations between spouses or between parents and children remain outside its scope!

Thus, if you want to specify in the agreement who prepares dinner, how often to clean the apartment, or which relatives to meet with on holidays, this is not possible. However, you can regulate in detail who pays for utilities, how to divide income, or what will happen to the business in the event of a divorce. 

Who can conclude a marriage contract? 

A marriage contract can be concluded by:  

• The bride and groom (before registering their marriage) 

• The spouses (at any time after getting married) 

If one of the parties is a minor, the consent of their parents or guardian, certified by a notary, is required.  

How to properly draw up a marriage contract?  

A marriage contract must be:  

• Drafted in writing  

• Certified by a notary  

During the process, the notary explains to the parties the content of the document, the possible consequences, and the rights to make changes or withdraw from the contract. Without notarisation, the contract is considered to be null and void.  

What can a marriage contract contain?

The contract may provide for:

• The regime of property ownership (joint, separate or mixed)

• The share of each spouse in the division of property  

• The rights to maintenance of each other  

• The rules for using the home after divorce  

• Property rights and obligations as parents  

• The terms of the agreement or its individual conditions  

Some terms of the agreement may remain in force even after divorce. For instance, maintenance obligations or rules for using the home.

It is important to remember that the agreement cannot place one of the spouses in an extremely disadvantageous position or diminish the rights of children! 

Moreover, a marriage agreement cannot transfer real estate and other property, the rights to which are subject to state registration, to the ownership of one of the spouses.

How to amend or cancel a marriage contract? 

It is impossible to unilaterally amend the terms of a marriage contract.   

Amendments can only be made:  

• By mutual agreement of the spouses (with notarisation)  

• By court decision at the request of one of the spouses, if this is required by the vital interests of the family or children.  

It is also possible to cancel the contract by submitting a joint application to a notary. In this case, the spouses can choose when the contract will be terminated: from the moment of its conclusion or from the moment of its cancellation.  

When does a marriage contract come into force?

If the agreement is concluded by the spouses, it is valid from the moment of notarisation. If it is signed by the bride and groom, it only takes effect after the marriage is officially registered.   

Remember that a marriage contract is not about mistrust, rather it is about wisdom! It allows you to agree on important matters in advance and maintain harmony in the family.

If you are interested in receiving consultation regarding the drafting of a marriage contract or require assistance in drafting a contract, please contact us via chat or phone, and the lawyers of our legal centre will provide you with qualified assistance.