Prenuptial agreement

A prenuptial agreement lets spouses set the property rules in advance and so avoid conflict later. The key is drafting it so that it stands up to scrutiny in court.

When to get in touch

• you are planning to marry and want the property rules settled in advance
• assets or a business have appeared during the marriage and should be put in order
• an existing agreement needs to be varied or terminated
• an agreement leaves you in an extremely disadvantageous position and should be challenged

What the lawyer does

• analyses the property position and the spouses’ objectives
• drafts the agreement within the limits the law allows
• handles the execution and notarisation of the agreement
• prepares amendments to the agreement or its termination
• assesses an existing agreement for invalidity
• represents the client in disputes over the agreement

What a prenuptial agreement can cover

• The property regime. The spouses may agree that the rule on joint property (Article 60 of the Family Code) will not apply to property acquired during the marriage, and that such property will be held in shared ownership or as the personal private property of each of them; they may also set out how property is to be divided, including on divorce (parts 2 and 3 of Article 97). More on the general rules on the page “Division of marital property”.
• Property for the family and children. The agreement may identify property that the wife or husband makes available for the family’s common needs, set the legal regime of property given to the couple on the occasion of the marriage registration, and provide for the use of property to meet the needs of their children and other persons (parts 1 and 4 of Article 97). It may also set the spouses’ property rights and obligations as parents (part 2 of Article 93).
• Housing. If one spouse moves into a home owned by the other, they may agree how it is to be used and whether the spouse who moved in will leave it on divorce, with or without financial compensation. They may also agree that relatives will live in the home (Article 98).
• Maintenance. The parties may agree that one spouse will receive maintenance regardless of incapacity for work or need for financial support. If the agreement sets the terms, amount and timing of maintenance payments and they are not made, maintenance may be recovered on the basis of an executive order issued by a notary. The agreement may also provide that the right to maintenance ends once the spouse receives property or monetary compensation (Article 99).
• Duration. The agreement may set its overall term and the duration of particular rights and obligations, and may provide that the agreement or some of its terms remain in force after the marriage ends (Article 96).
• Other terms on the legal regime of property – provided they do not conflict with the moral principles of society (part 5 of Article 97).

Making the agreement and when it takes effect

• the agreement is made in writing and certified by a notary (Article 94 of the Family Code)
• if a party to an agreement made before the marriage is registered is a minor, the written consent of their parents or custodian, certified by a notary, is required (part 2 of Article 92)
• an agreement made before the marriage is registered takes effect on the day of registration; one made by spouses takes effect on the day it is certified by the notary (Article 95)

Variation, withdrawal, termination and invalidity

• Variation. The agreement cannot be varied unilaterally. The spouses may vary it by mutual consent, and the variation agreement is certified by a notary. At the request of one spouse, the court may vary the agreement if this is required by that spouse’s interests, or the interests of the children or of adult daughters or sons who are unable to work, that are of material significance (Article 100 of the Family Code).
• Withdrawal. Unilateral withdrawal is not allowed. The spouses may withdraw from the agreement together; the rights and obligations under it then end, at the spouses’ choice, either from the moment the agreement was made or on the day the withdrawal statement is submitted to the notary (Article 101).
• Termination. At the request of one spouse, the court may terminate the agreement on grounds of material significance, in particular where it cannot be performed (Article 102).
• Invalidity. The agreement may be declared invalid by a court at the request of one spouse or of another person whose rights and interests it infringes, on the grounds set out in the Civil Code of Ukraine (Article 103).

Legal basis

A prenuptial agreement may be concluded by persons who have filed an application to register a marriage, and by spouses (Article 92 of the Family Code of Ukraine). It governs the spouses’ property relations (Article 93); it may not reduce the scope of a child’s rights or leave one spouse in an extremely disadvantageous financial position (part four of Article 93). The agreement is made in writing and notarised (Article 94). Variation of the agreement is governed by Article 100, renunciation of it by Article 101, termination by court decision by Article 102, and a declaration of invalidity by Article 103. Prenuptial agreements are dealt with in Chapter 10 of the Family Code (Articles 92–103).

Legislation and case law are updated over time; this page reflects the position as of November 2026.

Frequently asked questions

Can an agreement be made after the wedding?

Yes. A prenuptial agreement may be concluded both by engaged couples and by spouses (Article 92 of the Family Code).

What cannot be included?

A prenuptial agreement may not govern the personal relations of the spouses or their personal relations with their children (part three of Article 93 of the Family Code), reduce the scope of a child’s rights or leave one spouse in an extremely disadvantageous financial position (part four), or transfer to one spouse ownership of immovable property or other property subject to state registration (part five of Article 93).

When does a prenuptial agreement take effect?

If it was made before the marriage was registered, on the day of registration; if it was made by spouses, on the day it is certified by the notary (Article 95 of the Family Code).

Can a prenuptial agreement be varied or cancelled?

Yes, by mutual consent: the notary certifies the variation agreement or the statement of withdrawal (Articles 100 and 101 of the Family Code). One spouse cannot vary the agreement or withdraw from it alone, but may ask the court to vary or terminate it or to declare it invalid (part 3 of Article 100 and Articles 102 and 103).

Can we agree that property acquired during the marriage will belong to one spouse?

The law allows the spouses to agree that property acquired during the marriage will be the personal private property of each of them (part 2 of Article 97 of the Family Code). At the same time, immovable property and other property subject to state registration may not be transferred to one spouse’s ownership under a prenuptial agreement (part 5 of Article 93). We assess how these rules apply to specific property before the agreement is signed.

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