MARRIAGE CONTRACT
City of Kyiv, this thirteenth day of February, two thousand twenty-three
We are: [full name of citizen A.] (born "__" ____________ ___ year; on the day of conclusion of the contract - passport _________, issued by ______________________________ "__" ____________ ___ year; registration number of the taxpayer's account card ________), residing at the address: Kyiv [address] (hereinafter referred to as the "WIFE"), and
[full name of citizen B.] (born "__" ______________ ___ year; on the day of the contract conclusion - passport ________, issued by _______________________________ "__" ___________ ___ year; registration number of the taxpayer's account card ________ ), residing at the address: Kyiv [address] (hereinafter referred to as the "HUSBAND"),
together - "SPOUSE", who are married, which was registered ___________ "___" ___________ ___ year (act record No. __),
are aware of the general requirements that are necessary for the validity of the transaction, fully realizing the significance of their actions and in accordance with the free will that corresponds to our inner will as parties to this transaction, understanding its nature, as well as our rights and obligations under the contract,
in order to regulate property relations between us in the future, on the basis of mutual respect for each other,
in the premises of the office of the private notary of the Kyiv City Notary District Kvitka A.M. (Kyiv, Mykhailivska St., 6 A, apartment 3), whom we have chosen as a notary to certify the transaction and to whom we have applied voluntarily,
ENTER INTO THIS AGREEMENT,
in which we declare and mutually confirm to each other and to all persons interested in the same the following:
І. 1. The provisions of this AGREEMENT will apply exclusively to property relations between us, the SPouses, and will not apply to other issues of marital life, including our property rights and responsibilities as parents.
II.1. By this AGREEMENT, we confirm that we divide our property into those that have the status of PERSONAL PRIVATE PROPERTY of the HUSBAND and WIFE, and those that are the COMMON JOINT PROPERTY of the SPouses.
In this case, by "property" we, the SPouses, understand
- any things, both movable and immovable (including, but not limited to, estates, detached houses, apartments, other real estate, land plots, securities, motor vehicles, etc;)
- any property rights, namely:
- rights to shares in the authorized capital of business entities;
- profits (dividends);
- rights to shares and/or other securities;
- any other property rights related to the corporate rights of the SPouse who is a member of the business entity;
- rights of claim under monetary and/or other obligations.
II.2. The PERSONAL PRIVATE PROPERTY of each of us, the SPouses, is:
a) property (including money) acquired by the HUSBAND or WIFE before marriage, if this fact is documented;
b) property (including money) acquired by the HUSBAND or WIFE during the marriage, but on the basis of a gift agreement or by inheritance;
c) property acquired by the HUSBAND or WIFE during the marriage, but with funds that belonged to each of us personally;
d) property (including / or money) received by the HUSBAND or WIFE as compensation for losses, insurance payments;
e) income generated by things that we, the SPouses, have classified as PERSONAL PRIVATE PROPERTY;
f) items for individual use, including jewelry purchased by each of the SPouses.
II.3. Each of us, the SPouses, owns, uses and disposes of our PERSONAL PRIVATE PROPERTY at our own discretion, performs any actions with respect to our property without coordinating the issue with the SPouse. The conclusion of transactions with such property does not require the notarized consent of the other spouse.
II.4. The marital property is the following:
a) any thing acquired during the marriage and not attributed by us, the SPouses, to the PERSONAL PRIVATE PROPERTY of each of us;
b) any property rights acquired during the marriage and not attributed by us, the SPouses, to the PERSONAL PRIVATE PROPERTY of each of us;
c) property (things, property rights) transferred by each of us, the SPouses, to the MATrimonial Property from the property that is our PERSONAL PRIVATE PROPERTY, provided that the agreement on such transfer is notarized;
d) items of professional occupation acquired during the marriage for one of the SPouses.
II.5. We, the WIFE and the HUSBAND will dispose of the property that is the subject of the right of MATrimonial Property by mutual agreement, subject to the terms of this AGREEMENT.
An agreement concluded by one of us regarding the marital property in the interests of the family creates obligations for the other spouse if the property received under the agreement is used in the interests of the family.
III.1. We, the WIFE and the HUSBAND, based on the requirements of Articles 70 and 97 of the Family Code of Ukraine, taking into account the personal contribution of each of us to the acquisition of property, hereby legally consolidate our mutual will regarding the size of each of us' shares in the following property and property rights, which we recognize as joint joint property, namely
- 7/10 (seven-tenths) of the share of the APARTMENT to be built for us in the city of KYIV under the Agreement No. __ dated "__" ___________ ___ year and the property right to receive which is confirmed by the CERTIFICATE of participation in the CFF under the program of DBC LLC, issued by JSCB "Arkada" on "__" ___________ __ year under No. __ (construction area - Poznyaki - 5a; construction object number - No. _; investment object number - _ (fixed); floor - __; number of rooms - 2; total area - 65.82 sq. m), according to the agreement of the spouses, shall belong to the WIFE, and 3/10 (three tenths) of the shares of this APARTMENT shall be the JOINT COMMON PROPERTY of the SPouses. Until the completion of construction in the same shares, we recognize the ownership of each of us for the funds contributed by us to the construction of the said apartment.
At the same time, we, the SPouses, wish to declare to everyone who is interested that the cost of construction of the future apartment was paid during our marriage, but out of the full amount paid for the future apartment (UAH 462974.59), UAH 336504. 17 kopecks were paid by the WIFE from her personal money received from the sale of her (the WIFE) housing, which belonged to her on the right of personal private property (namely, from the sale of the apartment No. __, located in the house No. __, located on Mayakovsky Volodymyr Avenue in Kyiv, which was bought by the WIFE before the marriage, "__" ___________ ___ year);
- all other property, which by law and in accordance with the terms of this agreement is our joint property, shall belong to each of us equally, that is, in the following shares: WIFE - ½ (ONE SECOND) share, HUSBAND - ½ (ONE SECOND) share.
IV.1. Under the obligations of one of the spouses, a penalty may be imposed only on his/her personal property and on the share in the right of joint marital property allocated to him/her in kind.
IV.2. In the event of a dispute between us, the SPouses, regarding the imposition of a lien on property that is our MATrimonial Property, the issue shall be resolved in court.
V.1. This marriage contract shall enter into force upon notarization.
V.2. We, the SPouses, declare to each other and inform all persons interested in this matter that:
at the time of entering into this Agreement, we were (and are) aware of the significance of our actions and could (can) control them;
have not been recognized as incapacitated (in whole or in part) in accordance with the procedure established for that purpose;
are not in a state of illness or suffering from diseases that prevent us from realizing its essence at the time of concluding this agreement;
understand the nature of this transaction, our rights and obligations under the agreement;
when entering into the agreement, there is no fraud or other concealment of facts that would be of material importance and were deliberately concealed by us;
the agreement is entered into by us in accordance with our true will, without any use of physical or mental pressure;
the agreement is concluded on favorable terms for us and is not the result of the influence of difficult circumstances for us;
the transaction is made with the intention of creating relevant legal consequences (not fictitious);
this transaction does not conceal another transaction (not sham);
we speak Ukrainian, which enables us to understand the text of this agreement and all its terms and conditions without exception.
V.3. The concepts of joint and separate property, as well as the size of shares in joint property, stipulated by the SPouses in this Agreement (Section III of the AGREEMENT), shall be taken into account both in the distribution of such property (funds) during the life of the SPouses (voluntarily or in court) and in the registration of inheritance rights after their death.
V.4. Any other issues related to the property relations of the SPouses and determining mutual property rights and obligations, and which are not regulated by this marriage agreement, will be resolved by us in accordance with the requirements of the Family Code of Ukraine.
V.5. By agreement of the parties, amendments and additions to the agreement shall be made by concluding an additional notarized agreement. The agreement may be terminated in the same way. In the absence of an agreement (consent), issues are resolved in court. Issues related to the interpretation of the agreement, fulfillment of its terms or invalidation will be resolved in the same manner.
V.6. The costs of notarization of this marriage contract shall be borne by the SPouses jointly.
The content of the rights and obligations under this agreement, the legal consequences of the transaction we have concluded (including, but not limited to, Articles 215-236, 319 of the Civil Code of Ukraine, Articles 57-74, 92-103 of the Family Code of Ukraine) have been explained to us, the parties to the transaction, by a notary.
The marriage contract is drawn up in THREE copies with equal legal force, one of which is intended for storage at the private notary of the Kyiv City Notary District Kvitka A.M. (6a Mykhailivska St., apartment 3), and the other two, set out on the forms of notarial documents - for the parties to the contract (one copy for each of the parties to the transaction).
SIGNATURES: