How disputes under marriage contracts are resolved: key decisions of the Supreme Court of Ukraine

A marriage contract is not only a formality, but also an important legal tool that allows spouses to define their financial rights and obligations before any conflicts arise. On the Instaco website, you can find a marriage contract template adapted to Ukrainian realities, which will serve as a basis for protecting your rights. We will give several examples from the judicial practice of the Supreme Court of Ukraine, which will help to better understand how contracts affect the consideration of disputes.

Examples of situations and solutions

1. Situation: Division of property acquired during marriage, but registered to one of the spouses.
   Ruling: The Supreme Court confirmed that if the marriage contract stipulates joint ownership, such property is divided equally, regardless of who it is registered to.
   Source: Resolution of the Supreme Court of July 29, 2020 in case No. 645/7659/18.

2. Situation: Claim of one of the spouses for alimony after divorce, although the marriage contract provides for their absence.
   Ruling: The Supreme Court decided that if there is a clear provision in the contract about the absence of alimony, this provision is mandatory, except in cases where there are significant circumstances (for example, disability).
   Source: Resolution of the Supreme Court dated April 22, 2021 in case No. 522/7534/20.

3. Situation: Questions about the division of the family business after a divorce.
   Ruling: The court ruled that if there are relevant provisions in the marriage contract, business assets, regardless of who they are registered to, must be divided according to the agreement in the contract.
   Source: Resolution of the Supreme Court of September 14, 2020 in case No. 204/2510/19.

4. Situation: One of the spouses made a significant financial investment in the repair or improvement of their own property, which belonged to the other before the marriage.
   Decision: The Supreme Court ruled that in such cases, the other spouse is entitled to compensation for these investments, if it is stipulated in the marriage contract , or the property can be considered joint.
   Source: Resolution of the Supreme Court of December 3, 2020 in case No. 461/1329/19.

5. Situation: Termination of ownership rights of one of the spouses to property donated during marriage.
   Decision: If the marriage contract states that the gifts received during the marriage are the property of the person to whom they were given, the court recognizes the exclusive right to this property for such spouses, even in case of divorce.
   Source: Resolution of the Supreme Court of June 8, 2021 in case No. 753/11692/20.

6. Situation: Protection of the rights of children born in marriage to part of the property after the divorce of their parents.
   Decision: The court noted that if the marriage contract provides for the provision of children after divorce, these provisions are binding and cannot be canceled by mutual agreement of the parents after the divorce.
   Source: Resolution of the Supreme Court dated May 17, 2019 in case No. 761/4630/18.

7. Situation: Unilateral change of the terms of the marriage contract by one of the spouses without the consent of the other.
   Ruling: The Supreme Court emphasized that any changes to the marriage contract can only be made with the mutual consent of both spouses, and any attempt to unilaterally change is invalid.
   Source: Resolution of the Supreme Court dated February 25, 2020 in case No. 182/5231/19.

These examples show how a prenuptial agreement can help avoid misunderstandings and protect your interests even in the event of a divorce. To provide for yourself and your loved ones, use the marriage contract template from InstaDoc .

Templates that may be useful:

- Marriage contract ;

- Lawsuit for dissolution of marriage ;

- Application for reissuance of a divorce certificate ;