Journal article Open Access

Marriage Agreement in Ukraine: Myth or Reality

A.M. Ivanov, D.O. Kukurilo

The article is devoted to the research of the Institute of Marriage Treaties, both in Ukraine and in the countries of Europe and the United States of America. The authors analyzed the main aspects of national legislation on the subject, as well as the historical origins of such a mechanism for regulating marriage and family relations. The article highlights key issues related to the use of the term "marriage contract" itself and the lack of legal definition of it in the law. In addition, the basic provisions of the content of the marriage contract are explored concerning the beginning, term, legal regime of property,  termination or dissolution of the marriage, as well as the conditions that may be included in the document according to the current Ukrainian legislation. In the article it is expedient used the basic achievements of a number of scientists, such as D.M. Belov, V.M. Belousov and V.A. Dmitryshyn, I.V. Rimarenko, M.O. Reznikov, T.Y. Selezneva, S. Fursa, L.M. Doroshenko and others.  The authors analyzed the historical experience of Ukraine, dating from the 16th century to the present. An important component of this article is to provide statistics on marriage contracts in Ukraine over the past year. The authors also focus on the problems that are hampering the increase in the performance of the above-mentioned documents. Finally, the article highlights and compares the international experience of such countries as Switzerland, Lithuania, France, and the United States. The authors conclude that opinions about the relevance of the subject of marriage contracts, but also their contradictions, which is explained by the Ukrainian mentality, in general, the psychological characteristics of the people, as well as views differing from the Western world about the institution of marriage and family relations.    

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