MARRIAGE CONTRACT
City of Kyiv, August first, two thousand twenty-three
We are: [full name of citizen A.] (born "__" _________ ___ year in Kyiv; passport ___, issued by _____________________________________ "__" ___________ ___ year; registration number of the taxpayer's account card - ___), residing at the address: Kyiv [address] (hereinafter referred to as "HUSBAND"), and
[full name of citizen B.] (born "__" _____________ ___ year in Kyiv; passport _______, issued by ___________________________________________ "__" __ __, registration number of the taxpayer's registration card - ___), residing at the address: Kyiv [address] (hereinafter referred to as the "WIFE"), together referred to as the "SPouses",
having been previously acquainted by a notary with the general requirements, compliance with which is necessary for the validity of the transaction, fully aware of 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
intending to register the marriage and to regulate future property relations between us and to define mutual property rights and obligations on the basis of mutual respect for each other,
ENTER INTO THIS AGREEMENT,
in which we declare and mutually confirm to each other and to all persons interested therein the following:
I. GENERAL PROVISIONS
I.1. This AGREEMENT concerns the property relations between us, the SPouses, including our property rights and obligations as parents in the event of the birth of joint children, and applies to any property and funds. Other issues of marital life, which would not be related to property relations, shall be resolved in accordance with applicable law.
І.2. By "property" we, the SPouses, understand individual things, a set of things, as well as property rights and obligations, in particular (but not exclusively)
- any things, both movable and immovable (including estates, separate residential buildings, apartments, other real estate, land plots, securities, property that is currency values, jewelry, motor vehicles, etc.), as well as products, fruits and income (dividends) from them;
- any property rights, including:
- rights to shares in the authorized capital of business entities;
- profits (dividends);
- rights to shares and/or other securities;
- Any other rights related to the property corporate rights of the SPouse who is a member of the business entity at the time of conclusion of this Agreement;
- rights of claim under monetary and/or other obligations.
By "funds" we, the SPouses, mean any monetary amounts, regardless of the currency in which they are expressed, both cash and money and interest accrued thereon, which are kept on personal accounts in banking (financial) institutions (including salaries, insurance and/or any other payments).
II. SPOUSAL PROPERTY
II.1. After the entry into force of the marriage agreement, the property (things and property rights, including corporate rights) and funds of the SPouses will be divided into those that are the personal private property of the HUSBAND and WIFE, and those that are the joint property of the SPouses.
II.2. The personal private property of each of us, HUSBAND and WIFE, is:
a) property (things and property rights, including corporate rights) and funds that belonged to one of us and/or were registered for one of us before the marriage;
b) property (things and property rights, including corporate rights) acquired by each of us after the marriage, but with funds that belonged to each of us personally;
c) property (things and property rights, including corporate rights) and funds acquired during the marriage, but on the basis of a gift agreement or by inheritance;
d) things 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 do 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 regarding 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. DIVISION OF MARITAL PROPERTY
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 division may be both all of the SPouses' marital property and 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.
III.2. The following requirements will be taken into account when dividing the property (funds) of the SPouses:
a) in the case of distribution of property (funds) that is the object of joint joint ownership of the spouses, before the birth of children (child), the shares of each of the SPouses are equal;
b) in the case of division of property (funds) after the birth of children (child), the joint joint property of the SPouses shall be divided taking into account with whom the children will remain to live. In this case;
- upon the birth of one child, the share of the SPouse with whom the child will live shall be 70% (seventy percent) of the total amount of property (funds) to be divided;
- in case of birth of two or more children, the share of the SPouse with whom the children will live shall be 85% (eighty-five percent) of the total amount of property (funds) to be divided;
- in the event that the same number of children will live with each of the SPouses (for example, one child each), the joint property shall be divided between the SPouses based on the principle of equality of shares;
- if each of the SPouses has a different number of children, the share in the property (funds) of the SPouse with whom the greater number of children will live will be 70% (seventy percent) of the total amount of property (funds) to be divided.
IV. MAINTENANCE OBLIGATIONS
IV.1. The SPouse with whom the children remain after the divorce or establishment of a separate residence regime, regardless of the amount of alimony paid for them (children), has the right to receive from the other SPouse sufficient funds (as agreed between them - both in cash and in kind) necessary for the maintenance of the children and ensuring their living conditions, in particular
- until the children reach the age of majority:
- obtaining funds necessary to ensure normal upbringing and development (both physical and spiritual);
- obtaining the funds necessary to cover additional expenses for children related to the development of their abilities (attendance at various clubs, studios, tutoring, etc.)
- obtaining the funds necessary to cover additional expenses for children related to their health;
- until the children reach the age of 23:
- obtaining funds sufficient to ensure children's education in educational institutions of any level (including abroad), including tuition and accommodation;
- for disabled children:
- obtaining the funds necessary for the maintenance of adult children who are unable to work for health reasons - for the entire period of their inability to work, if the alimony paid to them is insufficient.
IV.2. The SPouse with whom children under the age of ten (10) remain after the divorce or establishment of a separate residence regime, regardless of his/her disability and financial situation, is entitled to appropriate maintenance from the other SPouse, paid in cash.
The payment of maintenance must be made on a monthly basis within the terms and in the amounts additionally agreed upon by the SPouses.
In this case, the "maintenance" of the SPOUSE means those funds that must be spent (and be sufficient for this) by the recipient to purchase food, clothing, medicines, payment of public transport fares, payment of utilities and other payments related to family life for themselves and for minor children born to the SPOUSE before they reach the age of 10.
IV.3. The terms of the marriage agreement specified in clauses IV.1 and IV.2 shall apply only to cases where the children born to the SPouses after the divorce or establishment of the regime of separate residence of the SPouses will live with one of them, or out of three or more children, their number will not be equally distributed between the SPouses.
IV.4. Provision of maintenance for children or the other spouse does not deprive them of the right to receive alimony in the manner prescribed for that purpose.
V. FORECLOSURE
V.1. Under the obligations of one of the spouses, the recovery 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.
V.2. In the event of a dispute between the SPouses regarding the imposition of a levy on property that is common joint property, the issues shall be resolved in court.
VII. FINAL PROVISIONS
VI.1. This marriage contract shall enter into force on the day of registration of marriage between the parties to the transaction.
VI.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.
VI.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.
VI.4. With the consent of the parties, amendments 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.
IV.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 concluded in THREE copies having the same 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: