Documented Spouses’ Rights: Details of a Marriage Contract

A few years before the start of the full-scale invasion, Ukrainians were increasingly actively concluding marriage contracts. In 2024, couples signed over 2.7 thousand such contracts. This is more than the year before last, but still less than before the full-scale invasion.

A marriage contract can be concluded by couples who are planning to get married or are already married and want to regulate the legal part of their life together. The “18000” Magazine explains what can and cannot be established in a marriage contract, how it is registered, and what rights it guarantees to the spouses.

What is a marriage contract?

“A marriage contract is a legal instrument that allows spouses or fiancés to clearly define property rights and obligations, avoid conflicts in the event of a divorce and ensure transparency in financial matters, ” K.A.C. Group lawyer Nazarii Abramov explains.

According to him, in the USA and the countries of the European Union, a marriage contract has long been a common practice. In Ukraine, the popularity of such contracts has been growing in recent years.

How many Ukrainians have concluded a marriage contract?

In 2024, 2,762 marriage contracts were registered in Ukraine, according to information from the Opendatabot platform. This is 7% more than in 2023. However, this is a third less than in 2021. On the eve of a full-scale war, Ukrainian couples concluded a record number of contracts — 4,099.

Currently, there is only one marriage contract for every 54 marriages. For instance, in 2023, there was one marriage contract for every 72 marriages.

At the same time, in 2024, Ukrainians concluded 150,210 new marriages. This is 19% less than in 2023, and 30% less than before the start of the full-scale war. Despite this, while there were fewer marriages, more marriage contracts were concluded.

What can be declared in a marriage contract?

1. Determination of the property that the wife and husband transfer for joint use in the family.

2. Use of the property gifted to the spouses in connection with the registration of the marriage. It is possible to agree that the property acquired during the marriage will be joint partial property or private property of each spouse.

3. Agreement on a possible procedure for dividing the property, including the case if the marriage has to be dissolved.

4. Use of the property owned by both or one of the spouses to meet the needs of children and other persons.

5. Agreement on the use of housing, if it belongs to one of the spouses. It is also possible to agree on the vacating of the housing if the marriage has to be dissolved.

6. Regulation of the issue of maintenance of one of the spouses.

7. Determination of the amount and term of payment of alimony. If alimony is not paid, it can be collected based on a notary’s executive order.

According to family lawyer Tetiana Shaposhnikova, a marriage contract can stipulate everything related to the property rights of the spouses.

“Often, issues of ownership of real estate and vehicles are regulated. The issue of maintenance of children and other spouse is less often prescribed, in which case it is more often about the wife. They also agree on the issue of providing children with housing and their education,” says the lawyer.

In addition, according to lawyer Nazarii Abramov, a marriage contract may include a clause on the distribution of household expenses – for example, one spouse covers the payment of utilities and maintenance of housing, the other takes care of the costs of children’s education. Another aspect is responsibility for debts: the spouses can agree that each one is responsible only for those obligations that they have taken on personally, or agree that joint payments are distributed between them in certain shares.

We add that the mandatory requirements for the form and content of a marriage contract are determined by Chapter 10 of the Family Code of Ukraine.

Can a marriage contract include a clause about animals?

Tetiana Shaposhnikova notes that an animal is considered the property of the parties, so the spouses can settle the issue of the animal care in the marriage contract.

What aspects are not regulated by a marriage contract?

• relationship of the spouses;

• personal relationship between the spouses and their children;

• the scope of the child’s rights cannot be reduced;

• one of the spouses cannot be put in an extremely disadvantageous financial situation. For instance, concluding a contract under pressure or depriving the right to a share in joint property is not allowed. The Family Code does not specify such cases, so the court interprets such situations individually;

• real estate and other property, the right to which is subject to state registration, cannot become the property of one of the spouses. That is, a marriage contract does not change the ownership of property; it only establishes who will be considered its owner in the event of divorce or under other conditions.

Currently, there is a request to resolve the issue of marital fidelity, but all issues related to the personal rights and freedoms of spouses cannot be resolved in this type of contract, explains Tetiana Shaposhnikova.

How to conclude a marriage contract?

A marriage contract is concluded in writing in three original copies and notarized. The document may indicate its term of validity, the terms of duration of individual rights and obligations, as well as the validity of the contract after the termination of the marriage. The marriage contract may also provide for provisions on changes to its terms.

Marriage contract under 18 years of age

A contract can be drawn up even if one of the parties is a minor. In this case, the written and notarized consent of this party’s parents or guardian is required.

When is a marriage contract concluded?

A marriage contract can be concluded both after and before the marriage registration.

A contract concluded before the marriage enters into force on the day of marriage registration, and the one concluded by the spouses – on the day of its notarial certification. This must be stated in the text of the contract.

Changes to a marriage contract

It is impossible to make changes or refuse the contract unilaterally. Changes can be added only by concluding a corresponding contract, which must be certified by a notary.

At the same time, a marriage contract can be changed by the court if the interests of one of the spouses, children, or disabled adult children are of significant importance. The court can also terminate the contract at the request of one of the spouses.

Structure of a marriage contract

Nazarii Abramov clarifies that a marriage contract does not have a single approved form. Each document is drawn up considering the characteristics of a particular couple. Despite this, its structure, as a rule, includes:

• introductory part (information about the parties);

• main part (clauses on property, rights and obligations);

• final part with signatures.

Recognition of a marriage contract as void

If the parties do not comply with the requirements of the law on notarization of the contract, it is considered null and void.

Moreover, a marriage contract may be declared void by the court at the request of one of the spouses or another person whose rights and interests are violated by this contract.

How much does it cost to draw up a marriage contract?

At a state notarial office, one consultation for concluding a marriage contract costs UAH 380. At the same time, the full procedure for drawing up a document may cost more.

Private notaries determine the cost of drawing up a marriage contract together with the notarization independently. The cost reaches up to UAH 5,000-7,000. However, this amount, just like in the state notarial office, depends on the content of the contract, the need for additional consultations, etc., so it can be higher.

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