Mandatory requirements regarding the content of the marriage contract are laid down in article 93 of the Ukrainian Family Code, which provides that the marriage contract governs property between spouses and defines their property rights and obligations. The marriage contract can also determine the property rights and obligations of the spouses as parents, but with certain restrictions. The personal relations of the spouses cannot be governed by the marriage contract, as can the personal relations between the spouses and their children. This rule is also provided for in Article 93 of the Ukrainian Family Code. Marriage contracts that reduce the rights of children and put a spouse in poor material condition are not allowed under the above-mentioned mandatory regulations. Under the marriage contract, neither spouse may acquire immovable property or other property necessary for State registration.  Canon Law: Letter and Spirit, a commentary on canon law, states that this condition can be defined as “a provision that conditioned an agreement on the verification or execution of a circumstance or event that is not yet certain.” It is also stated that “any condition related to the future of conjugal consent invalidates marriage”. For example, a marriage would not be valid if the parties have decided that they should have children or that they would have the right to divorce and remarry someone else. [Citation required] Barb has a home worth $250,000. Joe moves in after their wedding, and they use the house as their marital home. If they divorce, the house is worth $400,000.
The court will most likely decide that Barb gave a gift to the family, classifying Barb`s house as a marital fortune and sharing all property. If Joe and Barb had entered into a marriage contract, they could have accepted that Joe`s IRA – including any considerations during the marriage – would have remained his separate property, and that Barb`s house – including any considerations – would have remained their separate property. The parties married on [date]. However, due to some insurmountable differences, the parties decided to separate on [date]. At present, the parties live separately and both their husbands and wives want to present their agreements on their rights and obligations. In most cases, people generally want to protect the property they bring into marriage and avoid the system of sharing property and debt established by provincial family law. Many people are looking for a “I`ll keep what belongs to me, you`ll keep what`s yours” type of agreement, and that – or any other reasonable type of agreement – is exactly what you can get with a marriage contract.