MARRIAGE CONTRACT
City of Kyiv, this twenty-fifth day of December, two thousand twenty-three
On the one hand, I, [full name of citizen A.] (born "__" ___________ ___ year; passport ___, issued by __________________________________________ "___" _____________ ___ year; registration number of the taxpayer's account card - ___), residing at the address: Kyiv [address] (hereinafter referred to as the "WIFE"),
on the other hand, I, [full name of citizen B.] (born "__" _________ ___ year; passport ___, issued by ____________________________________________ "___" _____________ ___ year; registration number of the taxpayer's account card - ___), residing at: Vasylkiv, Kyiv region, [address] (hereinafter referred to as the "HUSBAND"),
together - the "SPOUSE", who are married, which was registered _____________________________________ "__" ____________ ___ year,
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., 6a, apartment 3), who was chosen by us as a notary to certify the transaction and to whom we applied voluntarily,
WE CONCLUDE 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;)
funds regardless of the currency in which they exist;
any property rights, namely:
- rights to shares in the authorized capital of business entities;
- profits (dividends);
- rights to shares and/or other securities;
anything else related to the property 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) funds deposited by the HUSBAND or WIFE to his/her personal account in a banking (credit) institution, regardless of the source of the funds and the time of opening/replenishment of the account.
In particular, and in view of the foregoing, the SPOUSE is considered to be the personal private property of [full name of citizen A.]:
- Cash in the amount of 180 (one hundred and eighty) thousand US dollars;
b) property acquired by the HUSBAND or WIFE during the marriage, but with funds that belonged to him/her personally, if this fact is confirmed in the prescribed manner;
c) property acquired by the HUSBAND or WIFE before marriage;
d) property acquired by the HUSBAND or WIFE during the marriage, but on the basis of a gift agreement or by inheritance;
e) real estate, motor vehicles that have already been acquired by the HUSBAND or WIFE during the marriage or will be acquired during the marriage in the name of one of the spouses in any way other than by gift or inheritance.
In particular, and in view of the foregoing, the SPOUSE is considered personal private property:
- HUSBAND - [full name of citizen B.]:
LAND PLOT of 0.250 hectares within the boundaries according to the plan, located at: VASYLKIV, KYIV REGION, [address], the ownership of which is confirmed by the STATE LAND ACT issued by the Vasylkiv City Council of Kyiv Region in accordance with the decision of the Vasylkiv City Council dated "__" ___________ ___ year No. __;
LAND PLOT with an area of 0.100 hectares within the boundaries according to the plan, located on the territory of _________ of the Vyshenkivska Village Council of Boryspil District of Kyiv Region, cadastral number ___________, acquired by him under the sale and purchase agreement certified by a private notary of Boryspil District Notary District of Kyiv Region ________ on "__" ____________ ___ year under the register No. ___;
HOUSE with the corresponding outbuildings and structures under No. __, located at: VASYLKIV [address], Kyiv region, the city of Vasylkiv, the ownership of which is confirmed by the "__" Agreement concluded between him and [full name of citizen V.] ___________ ___ year by the PURCHASE AGREEMENT set forth on the form of notarial documents ___ No. __;
- WIFE - [full name of citizen A.]:
LAND PLOT of 0.2014 hectares within the boundaries according to the plan, located at: KYIV REGION, BORYSPIL DISTRICT, village of IVANKIV [address], purchased by her under a sale and purchase agreement certified by a private notary of the Boryspil District Notary District of Kyiv Region _____ "__" ___________ ___ year under the register No. __;
LAND PLOT with an area of 0.0771 hectares within the boundaries according to the plan, located at: KYIV REGION, Boryspil district, Vyshenkivska village council ____________, the ownership of which is confirmed by the STATE ACT on the ownership of the land plot (form of series _ № __) issued by the Boryspil District State Administration of Kyiv region on "__" ___________ ___ year according to the order of "__" ___________ ___ year No. ___;
LAND PLOT with an area of 0.4821 hectares within the boundaries according to the plan, located at: KYIV REGION, OBUKHIV DISTRICT, KOZYN village [address], the ownership of which is confirmed by the STATE ACT on land ownership (form __ No. ___) issued by the Kozyn village council of Kyiv region on "__" _________ ___ year;
f) items for individual use, including jewelry - even if they were purchased with joint funds and regardless of the time of purchase (both before and during marriage);
f) professional items purchased during the marriage for one of the SPouses;
h) prizes, awards received by each of us for personal merit, regardless of the time of acquisition (both before and during marriage);
h) 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 non-pecuniary damage, insurance payments, etc;
i) income (dividends), fruits, offspring, products that will bring property (things and property rights, including corporate rights) and money that we, the SPouses, consider to be personal private property.
We agree that the property that is the personal private property of each of us is not subject to 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 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 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) salary, pension, scholarship of each of the SPouses received or accrued during the period of their registered marriage;
e) any other property acquired during the marriage and not referred to as personal private property by us under this Agreement.
II.5. We, the WIFE and the HUSBAND, will dispose of the property (including money) that is the object 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 division must be formalized by a notarized agreement to this effect, regardless of what will be the subject of such an agreement. If no agreement is reached, the division of property will be carried out in court.
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 shall enter into force from the moment of notarization.
V.2. We, the PARTIES, declare that:
at the time of the conclusion of 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 without exception.
V.3. The concepts of joint and separate property, agreements between the SPouses regarding the legal status of certain types of property, agreed upon by the SPouses in this Agreement (Section II 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. The property that is not referred to in this agreement as jointly owned or personal private property is subject to the general requirements of the Family Code of Ukraine. This applies to both the legal status of such property and the procedure for its disposal and distribution.
V.5. 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.6. 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.7. 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. (Kyiv, 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: