3. Marriage contract (agreement of marriage)

A wife and a husband have a right to conclude a marriage contract (agreement of marriage) on free will, in which they determine their mutual property right and duties. It must be in writing and this contract must be certificated by a notary. In accordance with the article 10 of the Family code of Ukraine a marriage contract may be accepted:

1. By people, who have handed an application about the registration of marriage;

2. By the married couple.

If a marriage contract was concluded before the registration of marriage, it enters into force in the day of the registration of marriage. If a marriage contract was concluded by the married couple, it enters into force in the day of its notarial certification.

In Ukraine a marriage contract regulates property relations between a husband and a wife, determines their property right and duties. Parties may agree about the possible order of division of their property in case of dissolution of marriage too. Parties may agree about the alimony for a wife or a husband.

It is possible to determine the property rights and duties of the married couple as parents in a marriage contract.

It is impossible to regulate the personal relations of the married couple, and also personal relations between parents and children in a marriage contract.

A marriage contract may not limit the volume of the rights of a child, a wife, a husband, which is set by the Family code of Ukraine. A marriage contract may be changed by the married couple.

Every side of a marriage contract has a right on judicial defence in case of breach of a contract.

4. Personal and property rights and duties of the married couple There are personal and property rights and duties of the married couple.

The personal rights do not have property content. There are such personal rights: the right to choose the surname, the right on distribution of the duties, the right to decide the family life questions jointly, the right on the personal freedom and choice of residence, on physical and spiritual development, the right to choose the occupation and profession, on maternity and paternity. Each of the married couple has the right to stop matrimonial relations. Forcing to stop or to keep marriage relations, including intimate, is violation of the right on the personal freedom.

The rights on property of the married couple are equal. The law determines such property rights for the married couple: a right on using of dwelling, equality of rights in disposing of property, a right on mutual financial support, a right on inheritance.

According to the Family code of Ukraine there is property, which belongs to each of the married couple on the right of private ownership, and property, which belongs to them on the right of common ownership.

Each of the married couple has a right on separate property, which belonged to each of the married couple before marriage, and also got by him or her during marriage as gifts or in order of inheritance.

The property, which was purchased in times of marriage, but for money that belonged to one of the married couple personally, property purchased in times of marriage for individual necessities (clothes, shoes) profits from things, which are personal private ownership of one of the married couple belongs to the personal private ownership of the married couple.

The married couple must dispose of common property in mutual consent on equal rights. They have a right to conclude all contracts, which are set by the law, about this property.

In case of divorce property, which is common property of the married couple is divided on mutual consent or in judicial order (by a court), everybody has a right on equal part.

If a woman and a man live jointly, but are not in legal marriage, the property purchased by them in time of common residence belongs to them on the right of common combined ownership, if other is not foreseen by the written contract between them.

In accordance with family law the married couple must financial support each other. A husband or a wife, who is disabled and requires material help, has a right to appeal to the court with a lawsuit about alimony.