Prenuptial agreement (contract) with a foreigner in Ukraine.
A prenuptial agreement with a foreigner is a contract between spouses or individuals intending to marry, where one of them is a non-resident of Ukraine or a citizen of another country, aimed at regulating property relations between them in marriage, as well as in the event of divorce.
At what stage is a prenuptial agreement concluded in Ukraine?
A prenuptial agreement can be concluded either before the state registration of marriage or at any time during the marriage. A prenuptial agreement concluded before the state registration of marriage takes effect from the date of state registration of marriage.
Subject matter of a marital contract in Ukraine:
Under Ukrainian legislation, marital contracts can regulate only the property rights and obligations of spouses. The right of a wife and husband to conclude agreements between themselves is provided for in Article 64 of the Family Code of Ukraine. Spouses have the right to conclude all agreements between themselves that are not prohibited by law, both regarding property that is their personal private property and concerning common joint property. The main type of agreement concluded between spouses specifically for regulating property relations is a marital agreement.
Form of marital agreement with a foreigner:
In Ukraine, a marital agreement with a foreigner is concluded in writing and must be notarized. The requirement for the form of a marital agreement is stipulated in Article 94 of the Family Code of Ukraine. The marital agreement enters into force on the day of its notarization, in case it is concluded by spouses who are already married.
Frequently asked questions about concluding a marital agreement:
- Does the migration status of a foreigner affect the conclusion of a marital contract?
- When can a marital contract with a foreigner be drawn up in Ukraine?
- What documents are required for a marital contract with a foreigner?
- How to properly formalize a marital contract?
- How to conduct negotiations for the conclusion of a marital contract?
- How to properly formalize property relations between spouses?
- Is it possible to conclude a marital contract after marriage, etc.
You can get answers to all the above questions during a consultation with an international family law attorney in Odessa.
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