What is the notarial marriage contract?
A prenuptial (premarital) agreement is a relatively new concept for Ukrainians that has come to the country several decades ago. Today, married people or spouses can draw up an agreement that sets forth the rights and obligations of husband and wife both in a family and after a divorce.
To draw up a marriage contract, you have to turn to a notary. A professional will certify the fact of registration of an agreement between the spouses or people planning to get married. The contract regulates pecuniary rights and obligations, as well as the spouses’ obligations as parents. Such issues as housekeeping, joint pastime, principles of raising children cannot be discussed in a prenuptial agreement.
Due to conclusion of a premarital agreement we can avoid impulsive actions in the emotion of the moment of a divorce. Both parties stipulate the rights and obligations by mutual agreement. This helps to avoid contingent issues, both throughout the married life and in the event of a divorce.
The contract provides for 2 parties’ rights protection, therefore notarial marriage contract may include:
- participation of each spouse in family expenses;
- property rights: real estate, land, business;
- liability for loan obligations, including after a divorce;
- opening bank accounts for educating children, the contribution of each party;
- duties of husband and wife after divorce.
Who can prepare premarital agreement in Ukraine?
Both people planning to marry and official spouses can turn to a notary for registration of a premarital agreement. For the former, the document comes to force on the day of the wedding. For the latter - from the moment of concluding a marriage contract with a notary.
By default, a document is no longer valid after a divorce. But the contract can specify a different period that exceeds the period of marital cohabitation.
It is also worth recalling that in the absence of an agreement during a divorce, all the property acquired in a marriage is divided in two. So, if there are burning issues related to the availability of real estate before the marriage, we recommend that they be stipulated in a prenuptial agreement. It happens that an apartment had been bought before the marriage, then sold, and the amount was invested in a common house. In the event of a divorce, the property will be divided in two, despite who and how much has invested in its acquisition.
A premarital agreement does not mean a discord within a family, but a competent decision of two people entering into a marriage. All the items are carefully discussed in order to come to an agreement with all of them. A notary attests signing of a contract thus validating it.
You can turn to a notary Yevheniia Anatoliivna Averina to draw up a prenuptial agreement; a service price is determined individually. You can consult about the rate. By turning to the office, you will receive comprehensive information that will help you to make the right decision, weigh the pros and cons. By making use of the service, you can prevent possible controversies that are inevitable in a married life. The contract protects each of the parties.
A notary checks the legal capacity of the persons, as well as the compliance of the contract clauses with the legislation of Ukraine. With his/her signature and seal, the professional validates the marriage contract. Notary public Yevheniia Averina will provide legal assistance with your documents in the centre of Kyiv.