Spousal Agreements

The Family Code of Ukraine of 10 January 2002 No. 2947-III (effective since 2004) (Family Code), sets out the basic principles and regulations of property relations of spouses, including civil agreements, which may be entered into by and between spouses.

The common ownership presumption applies to the property of a married couple. According to this legal presumption all assets, including property, property rights, cash, salary, participation interests, shares etc, which were acquired during marriage shall be considered as the common property of spouses, i.e., shall be co-owned by spouses (Acquets). Such assets shall be considered as acquets regardless of the fact as to who of the spouses acquires title thereto. This presumption is traditional for the Ukrainian legal system. However, the couple may modify the legal status of their assets by virtue of civil agreements, which are permitted by law.