Recently, legislation has been enriched situation that before marrying a man and woman can enter into a marriage contract, which specifies some features of solutions of property, or personal problems and relationships between spouses - Article 27.1 of the Code of Laws on Marriage and Family. Thus, among the many pre-wedding worries and unresolved issues with newly married couples have one more: "To enter into a marriage contract or not?". In order to be able to weigh all the pros and cons and making a choice not to make mistakes, we offer you a slight digression, in the form of questions and answers on the legal aspects of this innovation.
All questions related to the procedure and terms and conditions of spouses of different kinds of transactions, governs family law.
Thus, according to Art. 27 the Code of Ukraine, the spouses may conclude all the transactions permitted by law.
Of the vital practices that spouses often enter into transactions between themselves, bear the gratuitous character - the contract of gift of property. But family law allows them to contract and other sdel-ki (contracts of sale, loan, barter, etc.). The main requirement for such transactions is that they should not contradict a-stake and limit the property rights of the wife, husband or children.
I want to draw your attention to the fact that if permission to enter into any mutual transactions available to spouses family law in a general way, one type of marital agreements - the marriage contract - otherwise stated and enshrined specific legislation. Namely: those who marry, have the right, in its desire to conclude an agreement on matters of family life (marriage contract), which will provide property rights and responsibilities of spouses (Ch. 1, Art. 27.1 KoBS Ukraine).
Traditionally, the term "marriage" in the family law literature refers to a legally issued a voluntary union between a man and a woman, aiming to create a family and a generator for their mutual personal and property rights and responsibilities. Marriage contract - is not a union of persons, as a voluntary agreement between the parties on the streamlining of property and personal relations with their married life together. Marriage unites a man and a woman in one marital union, giving them a common status of spouses. Marriage contract as regards the spouses, as two independent entities - equal participants contractual relationships, which fully corresponds to the nature of the relationship.
Marriage contract, in contrast to all other contracts entered into between the spouses, is comprehensive, has a complicated structure and includes a number of essentially independent clauses (eg: the question of providing material assistance to parents or other close relatives of both spouses or one spouse; question ownership of the profits from private enterprise established by one spouse during the marriage, the issue of granting one spouse to another material assistance in the event of loss of the last performance, issues of property ownership transfer, providing the necessary spouses living space for living and creating conditions for proper care and maintenance of children, etc.). Each of these separate agreements may also contain guidance on the timing and the order in which they occurred, and also include measures of liability of spouses for non-commitments.
Thus, the ability to include spouses in the marriage contract a number of individual items making each wedding unique and exclusive contract document. Therefore, to work out a model marriage contract, which would provide all the situations that may arise during the marriage is almost impossible. Each married couple from separate parts - the agreements on specific issues of married life - create outlines of their future marital relationship. Therefore, the content of the marriage contract is situational, the mobile character. But we should not forget that the current family law largely determines the possible content of the spouses entered into marriage contracts. Thus, the law provides for changing the parties' agreement only 4 articles of the Code on Marriage and Family,
* As follows: Art. 22 regulates the joint property of spouses;
* Art. 24 governs the separation property of the spouses;
* Art. 25 governs the occurrence of matrimonial property to a separate property that they owned;
* Art. 1926 regulates the ownership of the things professional activities of spouses.
The rules of Articles 22, 24, 25 and 26 apply if the marriage contract does not establish other provisions (Part 4 of Art. 31 the Code of Ukraine).
Marriage contract, like any other contract, may be made from the time when the parties reached agreement on all its essential terms, and clothed in an appropriate agreement form.
Based on the foregoing, subject to applicable law, we can conclude the following:
The marriage contract is an agreement entered into by the parties entering into marriage, to address the issues of family life, to establish mutual personal and property rights and duties and shall take effect from the date of registration of marriage.
- What is the procedure and terms for concluding a marriage contract?
1. The marriage contract is up for marriage registration.
As you may have noticed, the legislation uses the term "marriage contract" and at the same time provides a direct indication of the fact that this contract may be only until marriage. Thus, the marriage contract is essentially a premarital contract.
2. The marriage contract shall enter into force only after the registration of marriage.
3. The marriage contract is subject to mandatory notarization.
Certify the marriage contract can be both public and private notaries.
4. The marriage contract is only minors with parental consent.
In accordance with Part 1 of Art. 11 SC citizens acquire full legal capacity since the age of majority, ie 18.
5. The marriage contract is the residence of one party or the place of registration of marriage.
6. When entering into a marriage contract can be present witnesses.
- In what cases may be terminated by the action of the marriage contract?
We are the most common variants of the termination of the marriage contract:
1. as a result of the parties with all its essential terms;
2. as a result of its termination by agreement of the parties;
3. in case of death of a spouse.
In addition to termination, the marriage contract may also undergo changes in its environment due to various circumstances.
- Is there any responsibility for any failure to perform any part of the marriage contract?
Based on the general provisions of the family and civil law for any failure to perform the marriage contract, like any other contract, the parties can independently determine the number of penalties, the type and size of which is included in the text of the contract. Such liability may be incurred in the presence of a number of general conditions, which include:
1. wrongfulness of conduct by the parties to the contract (eg: spouse refuses to provide the contents of his mother, wife, and the contract issue was submitted a separate item, etc.);
2. presence of damage. For example: the contract stipulated that the husband is obliged to provide monthly to his wife a sum of money for personal needs. Spouse, to the selected her money, bought clocks that spouse during family quarrels, broke;
3. causal connection between wrongful conduct and harm;
4. wine person who has violated the conditions of the contract.
- On what grounds the marriage contract can be nullified?
Marriage contract, like any other contract, under certain circumstances may be deemed invalid by the court.
The current law provides for three reasons directly related to the marriage contract.
The marriage contract may be invalidated:
1. in case of violation of the statutory procedure for its conclusion;
2. in the case of a marriage contract parties are married;
3. if included in the marriage contract conditions, worsening the position of both spouses or either of them.
We hope that this digression will help many people who marry to reflect on this issue and make the right choices, to settle their property relations by marriage contract.