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Law on prenuptial contract in Ukraine.

The prenuptial contract in Ukraine is regulated by the Family Code by art. 92 and following.

“Article 92. The right to conclude a marriage contract in Ukraine. 

1. A marriage contract in Ukraine can be concluded by persons who applied for registration of marriage, as well as by spouses.

2. The conclusion of a marriage contract in Ukraine before registration of marriage, if the party is a minor, requires the written consent of his parents or guardian, certified by a notary.

Article 93. Contents of the marriage contract in Ukraine.

1. The marriage contract in Ukraine regulates property relations between spouses, determines their property rights and obligations.

2. The marriage contract in Ukraine can define the property rights and obligations of the spouses as parents.

3. The marriage contract in Ukraine cannot regulate the personal relationships of the spouses, as well as the personal relationships between them and their children.

4. A marriage contract in Ukraine cannot reduce the scope of the child's rights established by this Code, nor place one of the spouses in an extremely disadvantaged financial position.

5. According to the marriage contract in Ukraine, real estate and other assets, the right to which is subject to state registration, cannot be transferred to the ownership of one of the spouses.

Article 94. The form of the marriage contract in Ukraine.

1. The marriage contract in Ukraine is concluded in writing and notarized.

Article 95. Entry into force of the marriage contract in Ukraine.

1. If the marriage contract is concluded before registration of marriage, it comes into force on the day of registration of marriage in Ukraine.

2. If the marriage contract is concluded by the spouses, it enters into force on the day of its authentication in Ukraine.

Article 96. Duration of the marriage contract in Ukraine.

1. The marriage contract in Ukraine may establish the general duration of its validity, as well as the duration of certain rights and obligations.

2. A marriage contract can establish the validity of the contract or its individual conditions even after the termination of the marriage in Ukraine.

Article 97. Definition in the marriage contract of a legal mode of ownership in Ukraine.

1. The marriage contract may specify the property that the wife, husband transfers for the common needs of the family, as well as the legal regime of property donated by the spouses in connection with registration of marriage in Ukraine.

2. The parties may agree not to extend the provisions of Article 60 of this Code to the property acquired by them during marriage and to consider it as partial common property or personal private property of each of them.

3. The parties can agree on a possible procedure for the division of assets, even in the event of divorce.

4. In the marriage contract in Ukraine, the parties may provide for the use of property belonging to both or one of them to meet the needs of their children and others.

5. The parties may include in the marriage contract in Ukraine any other conditions relating to the legal regime of property, as long as it does not contradict the moral principles of society.

Article 98. Definition in the marriage contract of the order of use of the dwelling in Ukraine.

1. If, in connection with marriage in Ukraine, one of the spouses moves to a dwelling owned by the other spouse, the parties to the marriage contract may agree on the procedure for its use. The spouses may agree to vacate the home by the spouses who have moved in, in the event of divorce, with or without payment of financial compensation.

2. The parties may agree to live in a house owned by one of them or jointly owned by their relatives.

Article 99. Definition in the marriage contract of the right to maintenance in Ukraine.

1. The parties may agree to provide maintenance to one of the spouses, regardless of incapacity for work and the need for financial assistance under the conditions specified in the marriage contract.

2. If the marriage contract in Ukraine specifies the conditions, amount and terms of payment of alimony, in case of failure by one of the spouses to fulfill his contractual obligation, alimony can be collected on the basis of the writ of execution of a notary.

3. The marriage contract in Ukraine may establish the possibility of extinction of the right to maintenance of one of the spouses in connection with the receipt of (monetary) compensation of the property.

Article 100. Modification of the conditions of the marriage contract in Ukraine.

1. Unilateral modification of the terms of the marriage contract in Ukraine is not allowed.

2. The marriage contract in Ukraine can be changed by the spouses. The agreement to amend the marriage contract is notarized.

3. At the request of one of the spouses, the marriage contract may be modified by court decision in Ukraine, if required by his interests, the interests of children, as well as incompetent adult daughters, son, who are essential.

Article 101. The right to refuse the marriage contract in Ukraine.

1. Unilateral renunciation of the marriage contract is not allowed in Ukraine.

2. Spouses have the right to refuse the marriage contract in Ukraine. In this case, at the choice of the spouses, the rights and obligations under the marriage contract cease from the moment of its conclusion or from the day of submission of the application to the notary to refuse it.

Article 102. Termination of marriage contract in Ukraine.

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

Article 103. Recognition of invalid marriage contract in Ukraine.

1. A marriage contract in Ukraine at the request of one of the spouses or another person, whose rights and interests are violated by this contract, may be declared null and void by court decision on the grounds established by the Civil Code of Ukraine ”.

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