Marriage contract: a legal tool for mature relationships

Marriage is a legal institution that regulates the property and non‑property rights of spouses. In developed legal systems, it is common practice to conclude a prenuptial (marital) agreement — a document that allows the parties to determine in advance the rules of their life together, the distribution of property, and the financial responsibility of each party. In Ukraine, such an agreement often provokes skepticism or is associated with mistrust, although in reality it is an expression of mature responsibility.

Legal nature of the marital agreement
In Ukraine, a marital agreement is governed by Articles 92–103 of the Family Code of Ukraine (FCU). It is an agreement between persons intending to marry or between spouses that defines their property rights and obligations. It may be concluded either before the state registration of marriage or after it, but it becomes effective only upon the official registration of the marriage with the civil registry office.

The legal essence of the agreement lies in the fact that it does not cancel statutory rules but clarifies or modifies them taking into account the will of the parties. In other words, it is an instrument of private autonomy that allows the parties to adapt statutory rules to specific life circumstances. The agreement is a civil‑law contract that serves a family‑law purpose.

Content of the marital agreement
The Family Code gives the parties broad discretion to determine the content of the agreement. Most often the parties regulate the following issues:

• the regime of ownership of property acquired during the marriage;
• the procedure for using housing, real estate, and vehicles;
• the allocation of expenses for the family budget, utilities, and childcare;
• the terms of division of property in the event of divorce;
• liability for breach of financial obligations;
• special terms of financial support for one of the spouses (for example, during maternity leave or studies).

At the same time, the law sets certain limits. The parties may not include provisions that restrict constitutional rights or demean the dignity of either spouse. The agreement also may not regulate personal non‑property relations (such as duties of care or fidelity) or issues related to children; their place of residence, upbringing, and maintenance are determined exclusively by the child’s best interests and cannot be the subject of arrangements between adults.

Form and procedure for conclusion
The agreement must be made in writing and is subject to mandatory notarization. This means that the notary not only certifies the signatures of the parties but also verifies their legal capacity and explains the content of the agreement and its possible consequences.

The provisions of the FCU do not contain a mandatory list of clauses, so the content can be tailored to the specific needs of the parties. The main requirement is that the agreed terms do not contradict the law and do not violate the principle of equality of the spouses. The cost of notarization depends on the region and the particular notary’s fees but usually ranges from approximately 2,000 to 5,000 hryvnias.

Advantages of a marital agreement
Despite some distrust, a marital agreement has clear advantages:

1. Protection of assets. It makes it possible to protect a business, real estate, or inherited property from division in the event of divorce.
2. Financial planning. It helps clearly allocate the family’s expenses and income.
3. Conflict prevention. By fixing key conditions in advance, spouses can avoid emotional disputes and lengthy court proceedings in the future.
4. The agreement can take into account differences in income or the personal contribution of each spouse to family life.
5. Legal certainty. Both spouses clearly understand their rights and obligations in different life situations.

Common misconceptions
In Ukrainian society, there is still a stereotype that concluding a marital agreement is a sign of mistrust or an expectation of divorce. In reality, however, it has a preventive function: it does not “predict the end” of the relationship but, on the contrary, strengthens transparency and trust, as it allows the parties to discuss financial issues openly before any conflict arises.

Another common misconception is that such an agreement benefits only the wealthier spouse. This is not true: the agreement may contain provisions that protect the interests of both parties, for example, an obligation to provide financial support to one spouse or an equal division of joint property regardless of income.

Case law and enforcement
Courts treat marital agreements as civil‑law contracts and apply the principle of freedom of contract. However, any clauses that are found to contradict the law or the moral foundations of society may be declared invalid.

Recent case law from 2023–2025 shows that courts tend to uphold marital agreements where the parties concluded them voluntarily and were aware of the consequences. At the same time, courts react strictly to abuses of rights, such as situations where one party uses psychological or financial pressure to force the other to accept unfavorable terms.

A marital agreement is enforced according to the general rules of civil law. If one party fails to comply with its terms, the other party may file a lawsuit seeking recovery of the amounts due or recognition of rights to specific property.

Practical tips for conclusion
Before signing a marital agreement, it is advisable to:

• discuss all financial and household issues frankly and calmly;
• consult a lawyer specializing in family law to draft consistent and lawful terms;
• avoid template forms and opt for an individualized text;
• maintain flexibility, keeping in mind that the agreement can be amended or terminated by mutual consent of the parties if circumstances change (Article 101 of the FCU).

A properly drafted agreement not only protects both spouses from risks but also promotes a new culture of partnership: responsible, predictable, and honest.

Conclusion
A marital contract is not a sign of mistrust but a declaration of awareness. It makes it possible to transform an emotional union into a harmonious partnership in which each spouse knows their rights, obligations, and the limits of their responsibility. In a modern, civilized society, it is not a sign of excessive caution but an indicator of legal maturity and mutual respect.

Author – Svitlana Krutorohova, attorney at the law firm “WINNER Legal Company”. If you have any questions or issues related to the conclusion or performance of a marital agreement, you can contact the lawyers of WINNER Legal Company, who will help protect your rights and build stable legal relations within your marriage.