MARRIAGE CONTRACT
The city of Kyiv, April nineteenth, 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 - passport ___, issued by ____________________________________ "__" ___________ ___ year; registration number of the taxpayer's account card - _____), residing at the address: Kyiv [address] (hereinafter referred to as the "HUSBAND"),
collectively referred to as the "SPouses", that we intend to register our marriage and have submitted a relevant application to ____________,
are aware of the general requirements, compliance with which is necessary for the validity of the transaction, fully realizing the significance of their actions and in accordance with the free will, which 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,
WE SIGN 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) real estate, motor vehicles, other property, the ownership of which is subject to mandatory state registration, which will be acquired during the marriage in the name of one of the spouses in any way other than by gift or inheritance;
d) items for individual use, including jewelry - even if they are purchased with joint funds and regardless of the time of purchase (both before and during marriage);
e) items of professional occupation purchased during the marriage for one of the SPouses;
f) prizes, awards received by each of us for personal merits, regardless of the time of acquisition (both before and during marriage);
g) property (things and property rights) and/or money received by each of us as compensation for damages, compensation for loss (damage) of things belonging to the WIFE or HUSBAND, compensation for moral damages, insurance payments, etc;
h) income (dividends), fruits, offspring, products that will bring property (things and property rights, including corporate rights) and money that we, the SPouses, have classified as personal private property.
We agree that the provisions of Chapter 8 of the Family Code of Ukraine (including Articles 60, 62 of the Family Code of Ukraine) and Article 369 of the Civil Code of Ukraine shall not apply to the property and/or funds that are the personal private property of each of us under any circumstances.
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 (funds) without coordinating the issue with the SPouse, even if during the marriage such property significantly increases in value as a result of joint labor or money costs of one or both of us.
II.4. The common joint property of the SPouses is:
a) any thing acquired during the marriage and not attributed by us, the SPouses, to the personal private property of one of us;
b) any property rights (including corporate rights) acquired during the marriage and not attributed by us, the SPouses, to the personal private property of one of us;
c) property (things and property rights, including corporate rights) transferred by each of us, the SPouses, to the joint property from the property that is our personal private property, subject to notarization of the agreement on such transfer;
d) salary, pension, scholarship of each of the SPouses received or accrued during the period of their registered marriage;
e) other income that is not attributed to personal private property by this Agreement, received by one of the SPouses and contributed to the family budget for joint use, or deposited to his/her personal account in a banking (credit) institution).
II.5. We, the WIFE and the HUSBAND, will dispose of the property and funds that are the subject of the right of joint marital property by mutual agreement.
An agreement regarding such property (funds) or with their use, concluded by one of us in the interests of the family, creates obligations for the other spouse if the property (funds) received under the agreement will be used in the interests of the family.
III.1. The WIFE and the HUSBAND have the right to divide the property and funds belonging to them on the right of joint joint ownership, regardless of the dissolution of the marriage (both during the period of being in a registered marriage and after its dissolution).
The subject of the division may be all of the marital property of the SPouses, as well as individual items (money).
The division must be formalized by a notarized agreement to this effect, regardless of what will be the subject of such an agreement.
This condition also applies to the separation of the property of one of the SPouses from the entire property of the SPouses.
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 the SPouses regarding the imposition of a lien on property that is jointly owned, the issues shall be resolved in court.
V.1. This marriage contract comes into force on the day of marriage registration.
V.2. We, the PARTIES, declare that:
at the time of concluding this agreement, we realized (and realize) the significance of our actions and could (can) control them;
we 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 the parties and is not the result of the influence of difficult circumstances for the SPouses;
the transaction is made with the intention of creating appropriate legal consequences (not fictitious);
this transaction does not conceal another transaction (not fictitious);
we speak Ukrainian, which enables us to understand the text of this agreement and all its terms and conditions without exception.
V.3. 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.4. 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.5.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: