Section 2. Marriage. Rights and Duties of Spouses.

Chapter 3. General.

Clause 21. Conception of Marriage.

1. Marriage is a family union of a man and a woman, registered in the civil registrar's office.

2. When a man and a woman live together as a family without marriage, it is not the ground for beginning of rights and duties of spouses.

3. Religious rite of marriage is not the ground for a man and a woman to have rights and duties of spouses except the cases when religious rite of marriage had been performed before formation or renewal of civil registrar's offices.

Clause 22. Age of marriage.

1. Female age of marriage is 17 years old and male age of marriage is 18 years old.

2. Persons, who wish to get their marriage registered, have to reach the age of marriage.

Clause 23. Right for marriage.

1. Persons, who have reached the age of marriage, have the right for marriage.

2. Through application of a person, the court can grant the right for marriage to the person, who has reached the age of 14, if this answers the person's interests.

Clause 24. Voluntarism of marriage.

1. Marriage can be registered only through mutual agreement of a woman and a man. To force a man or a woman to marriage is not acceptable.

2. If a person gets married with a person who is legally incapable or who, through other reasons, was not perceiving significance of his/her actions or could not control his/her own actions, this can cause consequences,
mentioned in Clauses 38 - 40 of this Law.

Clause 25. Single marriage.

1. A man and a woman can have only one marriage at a time.

2. A man and a woman can get remarried only if the previous marriage has been dissolved.

Clause 26. Persons, who cannot be in marriage between themselves.

1. People, who are in blood relation, cannot be in marriage between themselves.

2. A sister and a brother cannot be in marriage between themselves. Also a step-brother and a step-sister, who have the same mother or the same father, cannot be in marriage between themselves.

3. A cousin (male) and a cousin (female), an uncle and a niece, a nephew and an aunt can not be in marriage.

4. The court can produce the court decree, which can grant the right to a child of a parent and this parent's adoptive child for marriage between them, as well as to adoptive children of the same adoptive parent for marriage between adoptive children.

5. An adoptive parent and an adoptive child cannot be in marriage. A marriage between an adoptive parent and an adoptive child can be registered only after adoption has been dissolved.

Chapter 4. State Registration of Marriage.

Clause 27. Significance of the state registration of marriage.

1. The state registration of marriage is needed to provide a woman and a man with stability of their relationship, to protect the rights and interests of spouses, their children as well as interests of the State and society.

2. The state registration of marriage is being held in solemn manner.

3.  After the state registration of marriage a husband and a wife get the official document "Marriage Certificate", the pattern of which was approved by the Cabinet of Ukraine.

Clause 28. The application for marriage.

1. The application for marriage registration is lodged by a woman and a man in any civil registrar's office.

2. The application  for marriage registration is lodged by a woman and a man personally.

3. If a woman and/or a man can not lodge their application for marriage registration in the civil registrar's office personally through reasonable excuses, he/she can lodge the application, certified by the notary public, through their official representative, the authority of whose must be certified by the notary public.

4. If marriage registration ceremony is not held in the scheduled date, the application for marriage registration is canceled in 3 months from the date when it was lodged.

Clause 29. Informing persons, who lodged the application for marriage registration, about their rights and duties.

1. Civil registrar's office is to inform persons, who lodged their application for marriage registration, about their rights and duties as future spouses and parents and also inform the persons about the liability for concealment of the obstacles for marriage registration.

Clause 30. Mutual information of persons, who lodged their application for marriage registration, about their health.

1. Persons, who lodged their application for marriage registration, are to inform each other about the state of their health.

2. Government provides the persons, who lodged the application for marriage registration, with opportunities to have medical examination.

3. The Cabinet of Ukraine establishes the order of implementation of medical examination of the persons, who lodged the application for marriage registration.

4. The result of medical examination is a secret and is delivered only to the persons, who lodged the application for marriage registration.

5. If some bad disease or diseases, which are dangerous for the other spouse, their descendants, are hidden, this fact can be considered a reason for admission of marriage invalid.

Clause 31. Engagement.

1. Engaged people are people, who lodged the application for marriage registration.

2. Engagement does not make obligation for the persons to get married.

3. A person who refuses to get married after engagement has to compensate to another party in case if he/she made expenses, making preparation for marriage registration and wedding party. However if a reason of the refusal is illegal, immoral conduct of the other engaged person or concealment of important information, which has essential significance   (bad illness, having a child, conviction etc), compensation is not being done.

4. If a person, who previously got a present for future marriage, refuses to get married, the person has to return the presented thing, which was given. In case if the presented thing was lost, the compensation must be done.

Clause 32. Time of marriage registration.

1. Marriage is registered in one month after a woman and a man lodged their application for marriage. If a man and a woman have a reasonable excuse a chief of a civil registrar's office can register the marriage earlier.

2. In case if a woman is pregnant or of the birth of a child, if life of an engaged man or woman is in danger their marriage can be registered at the day when the application for marriage is lodged.

3. If there is information about presence of obstacles for marriage registration, the chief of the civil registrar's office can postpone the marriage registration, however not longer than for three months. The decision about postponing can be appealed in court.

Clause 33. Place of marriage registration.

1. Marriage is registered in the building of the Civil Registrar's Office. Through application of the engaged persons, the marriage can be registered in solemn manner in another place.

2. Through the application of a bride and a bridegroom the marriage registration can be held in the place of their residence, in the place of his/her hospital treatment or another place, if they can not come to the civil registrar's office through reasonable excuse.

Clause 34. Personal presence of a bride and a bridegroom when their marriage is registered.

1. A man and a woman have to be present personally at the registration of their marriage.

2. Registration of marriage through a representative is not allowed.

Clause 35. Right to choose a surname at marriage registration.

1. At marriage registration the young couple can choose the surname of one of them as the common surname of the spouses or they can have the surnames, which they had before their marriage registration.

2. A bride (a bridegroom) can add the surname of a bridegroom (a bride) to her/his surname. If they wish to have a double surname, through their agreement they have to determine whose surname is the first in the double surname, and whose surname is the second. Combination of more than two surnames is not allowed, unless another mode appears in a habit of national minority, to which the bride and/or the bridegroom belongs.

3. If the surname of a man/a woman is already a double surname at the moment of their marriage registration, he/she has the right to replace one of the parts of his/her surname with his/her surname.

Clause 36. Legal consequences of marriage.

1. Marriage is a ground for beginning of rights and duties of spouses.

2. Marriage cannot be a ground for granting privileges or advantages to a person as well as for limitation of the person's rights and freedom, constituted by the Constitution and laws of Ukraine.

Clause 37. Validity of marriage.

1. Marriage is valid, except cases, mentioned in Items 1, 2, 3 of Clause 39 of this Law or unless the marriage is acknowledged invalid through the court decree.

Chapter 5. Invalidity of Marriage.

Clause 38 Grounds of invalidity of marriage

1. Ground of invalidity of marriage is contravention of requirements, mentioned in Clauses 22, 24-26 of this law.

Clause 39. The marriage, which is invalid.

1. Marriage, which is registered with a person, who is already married with another person, is invalid marriage.

2. Marriage between a man and a woman, who are relatives of the direct line, or between a man and a woman, who are a brother and a sister, is invalid.

3. Marriage with a person, who is adjudicated legally incapable, is invalid.

4. Through application, lodged by the interested person, the civil registrar's office cancels a marriage record in cases, mentioned in Items 1-3 of this clause.

5. If marriage is registered with a person, who is already married, then in case if the previous marriage is dissolved before canceling the second marriage, the second marriage becomes valid since the moment when the previous marriage was dissolved.

6. A marriage record is being canceled, irrespective of the fact of death of a person, with whom marriage was registered (Items 1 - 3 of this clause) or divorce with this person.

Clause 40. The marriage, which is invalid through a court decree.

1. Marriage is invalid through a court decree, if this marriage was registered without free-will agreement of a woman or a man. Agreement is not considered free-will if this agreement was received violently or when a person was suffering from mental disorder, was under alcohol or drug intoxication and as a result the person could not control his/her own actions and decisions.

2. Marriage is acknowledged invalid through the court decree in case if the marriage is fictitious. Marriage is fictitious if it was registered without any intention to build a family and have rights and duties of spouses.

3. Marriage cannot be acknowledged invalid if at discussion of the case in the court the facts, which evidenced absence of agreement of a person for marriage or his/her non-wish to build a family, fell away.

Clause 41. The marriage, which can be acknowledged invalid through a court decree.

1. Marriage can be acknowledged invalid through a court decree if it was registered:

(1) between an adoptive parent and his/her adoptive child with contravention of requirements, mentioned in Clause 26 of this Law;

(2) between a cousin (female) and a cousin (male), an aunt and her nephew, an uncle and his niece;

(3) with a person, who hid his/her bad disease or a disease, which is dangerous for another spouse or their descendant;

(4) with a person, who has not reached the age of marriage and who has not be granted the right for marriage.

2. When the case about acknowledging marriage invalid is being discussed in court, the court considers how badly this marriage contravened the rights and interests of a person, length of the spouses' life together, nature of their relationship and other circumstances, which have the essential significance.

3. Marriage cannot be acknowledged invalid if a lady is pregnant or if a child was born into the family of persons, mentioned in (1), (2), (4) of Item 1 of this clause or that person, who did not reach age of marriage, has already reached it or been granted the right for marriage.

Clause 42. Persons, who have a right to turn to the court with the action for acknowledging marriage invalid.

1. The right to turn to the court with the action for  acknowledging marriage invalid belongs to a husband or a wife, other people, rights of whose were contravened through this marriage registration: parents, custodian, guardian of a child, custodian of legally incapable person, public prosecutor, body of custody and guardianship if interests of a child or a person, who was acknowledged legally incapable or a person, whose capacity is limited, need to be protected.

Clause 43. Acknowledging marriage invalid after it has been dissolved.

1. Divorce, death of a husband or a wife cannot be an obstacle for a procedure of acknowledging marriage invalid.

2. If the marriage was dissolved through the court decree, the action for acknowledging that marriage invalid can be made only after reversal of the court decree about divorce.

Clause 44. Time, from which the marriage is considered invalid.

1. In cases, mentioned in Clauses 39 - 41 of this Law, marriage is considered invalid from the date of its official registration.

Clause 45. Legal consequences of invalid marriage.

1. Invalid marriage (Clause 39 of this Law) or marriage, acknowledged invalid through the court decree is not cause for the beginning of duties and rights of spouses between a woman and a man, who got their marriage registered, as well as rights and duties, established for spouses with other laws of Ukraine.

2. If, being in invalid marriage, a man and a woman purchased property, this property belongs to them through the right for joint partial ownership. Their parts of the property are determined in accordance with participation of each of them in purchasing this property.

3. If a person got alimony from a person, with whom the person was in invalid marriage, amount of paid alimony is considered being paid without sufficient legal ground and is subject of refund according to the Civil Law of Ukraine, but not more than amount, received during the last three years.

4. If a person, being in invalid marriage with another person, came to his/her flat and live there, this person does not obtain the right for a part of this flat.

5. If a person, due to registration of invalid marriage, changed his/her surname, changing the surname is considered being done without sufficient legal ground.

6. Legal consequences, established in Items 2 - 5 of this clause are applicable to a person, who knew about obstacles for registration of marriage and hid the obstacles for marriage from another party and (or) from the civil registrar's office.

Clause 46. Consequences of invalid marriage for a person, who did not know about obstacles for marriage.

1. If a person did not know and could not know about the obstacles for marriage registration he/she has right:

(1) for division of property, purchased in invalid marriage, as a property of joint ownership of spouses;

(2) for living in the house/the flat, where a person came to after registration of invalid marriage;

(3) for alimony in accordance with Clauses 75, 84, 86, 88 of this law;

(4) for a surname that a person chose after registration of marriage.

Clause 47. Rights and duties of parents and a child, who was born in invalid marriage.

1. Invalidity of marriage does not influence upon content of mutual duties and rights of parents and a child who was born in this marriage.

Clause 48. Acknowledging marriage unregistered.

1. Marriage, registered with absence of a bride and (or) a bridegroom, is considered unregistered. The marriage record is canceled in the civil registrar's office through the court decree on ground of the application of an interested person as well as public prosecutor.

Chapter 6. Personal non-property Rights and Duties of Spouses.

Clause 49. Right for motherhood.

1. Wife has a right for motherhood.

2. If a husband does not wish to have a child or through some disability cannot have a child, this can be a reason for their marriage to be dissolved.

3. Depriving a woman of the opportunity to give birth to a child through her fulfilling her constitutional or work duties or through somebody's illegal conduct can be a ground for the woman to recover moral damages.

4. In family all necessary conditions must be made for a pregnant wife for protection of her health and normal birth of her child.

5. In family all necessary conditions must be made for a wife-mother for her motherhood and fulfilling other duties and exercising rights of hers.

Clause 50. Right for fatherhood.

1. Husband has a right for fatherhood.

2. If a wife does not wish to have a child or through some disabilities cannot have a child, this can be a reason for their marriage to be dissolved.

3. Depriving a man of the opportunity to perform his reproductive function through his fulfilling his constitutional or work duties or through somebody 's illegal conduct can be a ground for the man to recover moral damages.

Clause 51 Right of a wife and a husband for respect for their personality.

1. A wife and a husband have the equal rights for respect as to their personalities, habits and preferences.

Clause 52. Right of a wife and a husband for physical and spiritual development.

1. A wife and a husband have the equal rights for physical and spiritual development, for education, works and rest.

Clause 53. Right of a wife and a husband for changing a surname.

1. If at marriage registration, a wife and a husband, kept their pre-marriage surnames, they can lodge their application in the civil registrar's office, which registered their marriage, or an according body in the place of their residence in order to have the surname of one of them as their common surname or adding the surname of the spouse to his/her surname.

2. If the surname changed, the civil registrar's office issues the new marriage certificate.

Clause 54. Right of a wife and a husband for division of duties and joint solution of questions of family life.

1. A wife and a husband have a right to divide duties between them in their family. A wife, a husband has to respect any job, which is being done in the interests of the family.

2. All the important matters of the life of the family are settled by a wife and a husband on the ground of equality. A wife, a husband have a right stand against her/his removal from solution of questions of family life.

3. It is considered that actions of one spouse concerning family life are made by approbation of the other spouse.

Clause 55. Duty of spouses to care for their family.

1. A wife and a husband are obliged to care for their family, to build family relationship between themselves and between other members of their family basing themselves on feelings of mutual love, respect, friendship and mutual support.

2. In the family a husband has to strengthen respect as to mother and a wife has to strengthen respect as to father.

3. A wife and a husband are mutually responsible to each other and to other members of their family for their conduct in their family.

4. A wife and a husband are mutually obliged to take care for the well-being of their family.

Clause 56. Right of a wife and a husband for personal freedom.

1. A wife and a husband have a right to choose the place of their residence.

2. A wife and a husband have a right to follow the way, which is not forbidden by law and not in disagreement with moral canons of the society in regard to keeping marriage relationship.

3. Each of the spouses has a right to discontinue marriage relationship.

4. To use force or psychic influence to make continue or discontinue marriage relationship or have sexual relationship is entrenchment on a right of a spouse for personal freedom and can have consequences in accordance with law.

Chapter 7. Right of Wife and Husband for Personal Private Property.

Clause 57. Private, personal property of a wife and a husband.

1. Personal private property of a wife, a husband is:

1) Property (things), which was (were) gained by a husband (a wife) before marriage;

2) Property (things), which was (were) gained by a husband (a wife) in marriage as a gift or heritage;

3) Property (things), which was (were) gained by a husband (a wife) in marriage for money, which belonged personally to to him (her).

2. Personal private belongings of a husband (a wife) are things of personal usage even if these things, including values, were purchased for account of common money of spouses.

3. Personal private belongings of a husband (a wife) is awards, bonus, which he (she) got for personal merits. However court can adjudge a right of another spouse to have a part of this bonus (award) if he (she) was favorable to it through his (her) help at home (housekeeping, upbringing children etc.).

4. Personal private belongings of a husband (a wife) are finance, which he (she) got as compensation for damage of the personal things (belongings).

5. Personal private belongings of a husband, a wife are insurance money, which he (she) got as a result of a required or voluntary personal insurance.

6. Personal private belongings can be also the things, which was purchased during separate living of spouses due to termination of their family relationship.

7. If something was purchased by spouses for their common money and also for money, belonging to one of spouses, the part of this thing is his/her personal private in accordance with how much personal money was spent by this spouse.

Clause 58. Right for income from the plants (trees) or things, which are personal private belongings.

1. If something, which gives fruits or income, belongs to one of spouses, he (she) is the owner of these fruits, income.

Clause 59. Exercise of rights for personal private belongings.

1. That of spouses, who is an owner of property, determines regime of use of the property, considering interests of family and, first of all, interests of children.
2. At commanding his/her personal property a wife, a husband is obliged to consider interests of a child, other members of their family, who have rights for use of the property.

Chapter 8. Right of Spouses for Joint Ownership of Property

Clause 60. Grounds of right of spouses for joint ownership of property.

1. Property, gained by spouses during their marriage, belongs to the husband and the wife as of right for joint ownership of property irrespective of their personal income and occupation during their marriage (studies, housekeeping, taking care for children, illness etc).
2. Each thing, except things of personal use, purchased during marriage, is considered an object of right of spouses for joint ownership.

Clause 61. Objects of right for joint ownership of property.

1. Object of right of spouses for joint ownership can be any thing, except those things, which are excluded from civil circulation.
2. Objects of right for joint ownership are wages, pension, scholarship, other incomes that are received by one of spouses and put in the family budget or put in his/her personal bank account in bank institution.
3. If one of the spouses settles a contract, following the interests of his/her family, then money, other property, including honorarium, prize, which were got through this contract, are objects of right of spouses for joint ownership.
4. Things for professional occupation (musical instruments, planning, medical equipment etc.), purchased in marriage for one of the spouses, are objects of right of spouses for joint ownership.

Clause 62. Beginning of right of spouses for joint ownership of property, which belonged to a husband (a wife).

1. If personal property of one spouse was significantly enlarged and increased in value as a result of common investment of work, finance or for account of another spouse during their marriage, this property can be adjudged in court to be an object of right of spouses for joint ownership.

Clause 63. Exercise of right of spouses for joint ownership of property.

1. The husband and the wife have equal rights for ownership, use, order of property, which belongs to the family as of right for joint ownership if there is no separate agreement between the husband and the wife.

Clause 64. Right of spouses to conclude a contract (agreement).

1. The husband and the wife have right to close all types of contracts, which are not forbidden by law, as to his/her personal property and also property, which is an object of right of spouses for joint ownership.
2. Agreement of alienation of one spouse's part of common property, done by him/her in favor of another spouse, can be done without selecting this part.

Clause 65. Right of spouses to command property which is an object of right of spouses for joint ownership.

1. The husband, the wife command the property, which is an object of right for joint ownership, only through mutual agreement.
2. When a contract is closed by one spouse, he/she is supposed to have done it with knowledge and agreement of another spouse. The husband (the wife) has right to turn to the court asking the court to acknowledge the contract invalid, which was made by another spouse without his/her knowledge and agreement.
3. The contract, which requires a state notary certification, or the contract as to valuable things can be closed by a spouse only if another spouse gives his/her agreement in written form. This agreement must be certified by the notary public.
4. The contract, closed by one spouse in the interests of family, produces obligations for another spouse, if property, got though this contract, was used in the interests of the family.

Clause 66. Right of spouses to determine an order of use of property.

1. Spouses have right to arrange with each other about use of property, which belongs to them as of right of joint ownership.
2. Agreement of order of use a house, a flat or another structure or lot delivers obligations to a successor of the husband and the wife, if the agreement has been notarized.

Clause 67. Right to command a part of property that is an object of right of spouses for joint ownership.

1. A husband (a wife) can enter with another person into a contract of sale and purchase, exchange, gift, guarantee as to his/her part of joint property of spouses only after it has been selected and given in kind or after the order of use of this property has been determined.
2. A wife, a husband can make her/his will about her/his part of property that is an object of right spouses for joint ownership before it has been selected and given in kind.

Clause 68. Exercise of right of spouses for joint ownership of property after divorce.

1. Divorce does not discontinue the right for joint ownership of property, purchased during the time of marriage.
2. After divorce governing property, which is an object of the right for joint ownership, is being executed by the part-owners exclusively through mutual agreement in accordance with the Civil Code of Ukraine.

Clause 69. Right of spouses for division of property that is an object of right of spouses for joint ownership.

1. A husband and a wife have right to divide their property that is an object of right of spouses for joint ownership irrespective of their divorce.
2. A husband and a wife have right to divide their property through mutual agreement. Agreement of division of a house, a flat, other immovable property as well as selecting a part of immovable property from the whole property for giving it to a husband (a wife) has to be notarized.

Clause 70. Size of parts of property of a husband and a wife after division of property that was an object of right of spouses for joint ownership.

1. If property, which is an object of right for joint ownership, is being divided, the parts of the husband and the wife are equal, if the size of their parts were not determined with the agreement or marriage contract.
2. Hearing the case about division of the property, the court can change the rule of equal parts of spouses if there are significant reasons, in particular if one of the spouses hid material things, was destroying joint property or damaging it or wasting it not thinking about family or did not care for material well-being of family.
3. Through court decree the part of property of one spouse (the husband or the wife) can be more than the part of the other spouse if children live with her (him) and also if incapable daughter (or son) live with her (him) if alimony is not enough for a good physical and spiritual development and medical treatment.

Clause 71. Modes and order of division of property that is an object of right of spouses for joint ownership.

1. The property, which is the object of right of spouses for joint ownership, is divided for them in kind. If the husband and the wife did not agree about how they want to divide their property, such a decision can be made in court. Making the decision court takes into account interests of the wife, the husband, their children and other circumstance, which have essential significance.
2. Things, which it is impossible to divide, are given to one of the spouses if another mode was not determined with their mutual agreement.
3. Things for professional occupation are given to the spouse, who used them in his/her professional practice. Price (how much these things cost) of these things is considered, when other things are given to the other spouse.
4. Money compensation can be made by one of the spouses to another spouse for his/her part of the joint property, in particular, a house, a flat, lot only through their mutual agreement, except cases, mentioned in the Civil Code of Ukraine.
5. Adjudgement of money compensation to one of the spouses is possible if money for compensation was put in a special account of the court before discussing this mode in court.

 Clause 72. Application of limitation of action as to requirements for division of property that was an object of right of spouses for joint ownership.

1. Limitation of action is not applicable in the case of division of property, which is an object of right of spouses for joint ownership if the spouses did not get divorced.
2. After divorce, limitation of action equals 3 years, beginning since the day when one of the part-owners got to know or could get to know about breach of his/her right for property.

Clause 73. Recovery of penalty on property that is an object of right of spouses for joint ownership.

1. Through liabilities of one of the spouses penalty can be imposed only on his/her personal property or his/her part of property, which is an object of right for joint ownership and which was selected and given to him/her in kind.
2. Penalty can be imposed on property, which is an object of right of spouses for joint ownership, if court established that the contract had been closed by one of the spouses in accordance with interests of the family and what had been received through this contract, was used for family needs.
3. At repayment for damage, produced by one of the spouses, penalty can be imposed on property, which was purchased in marriage, if court ascertained that this property was purchased for funds, gained through criminal action.

Clause 74. Right for property of a wife and a husband who live as a family, but who are not in official marriage.

1. If a woman and a man live as a family, but who are not in official marriage, property, gained during their cohabitation, belongs to them as of right for joint ownership, if other mode was not determined through mutual agreement in written form.
2. Property that is an object of right for joint ownership of a woman and a man, who are not in official marriage, is affected by clauses of Chapter 8 of this law.

Chapter 9. Rights and Duties of Spouses for Support (alimony).

Clause 75. Right of one of spouses for support

1. The husband and the wife are to materially support each other.
2. Right for support (alimony) belongs to that of the spouses, who is incapable to work (invalid) and needs material support if the other spouse can provide material support.
3. The incapable is considered that of the spouses, who reached the retiring age, settled by law, or who is an invalid of group 1, 2 or 3.
4. One of the spouses has the right for support if his/her salary, pension, income from his/her property or other income do not provide with living wage, settled by law.
5. The person has no right for support if the person was dishonest in family relationship or if the person got incapable in consequence of deliberate crime, committed by this person, if this crime was proved in court.
6. The spouse, who got incapable in consequence of illegal conduct of the other spouse, has right for support irrespective of indemnification, according to the Civil Code of Ukraine.

 Clause 76. Right of one of spouses for support after divorce.

1. Divorce does not cancel the right for support, which appeared in time of marriage.
2. After divorce a person has the right for support if he/she got incapable before divorce or if he/she got incapable within one year after the day of divorce and needs material support if her/his former spouse can provide with material support. A person has the right for support also then when he/she got invalid more than in a year after the day of divorce if her/his disablement was a result of illegal conduct of the former spouse as to her/him when being in marriage.
3. If at divorce a husband and a wife have age, which is 5 years less than the retirement age, settled by law, is, he/she has the right for support after having reached the retirement age, if they lived together in marriage during not less than 10 years long.
4. If one of the spouses did not have an opportunity to get education, to work because he/she was busy with bringing up children, housekeeping, taking care for members of the family or because of illness or other circumstances, which have essential significance, he/she has the right for support after divorce even if he/she is capable of working if he/she needs support, and the former spouse can provide with material support. In this case the right for support lasts 3 years since the day of divorce.

Clause 77. Modes of providing one of the spouses with material support.

1. One spouse can give support to the other spouse in kind or in the form of money through their mutual agreement.
2. Through court decree one of the spouses is given alimony, as a rule, in the form of money.
3. Alimony is given monthly. Through mutual agreement alimony can be given in advance.
4. If the payer of alimony is going for permanent residence to a foreign country, with which Ukraine has no treaty of aid and advice in legal matters, alimony is paid in advance for the period, determined in a mutual agreement of the spouses, and in case of argument between the spouses, it can be determined in court.

Clause 78. Contract of spouses about support.

1. Spouses can close a contract about providing one of them with support, where they can determine conditions, size and terms of alimony pay. The contract is closed in written form and certified by the notary public.
2. In case of default, alimony can be demanded on the ground of executive note of the notary public.

Clause 79. Term, during which one of the spouses is paid the alimony.

1. Alimony is awarded by court for one of the spouses since the day of lodging statement of claim.
2. If a plaintiff tried to get alimony from a defendant and could not get it in consequence of evasion of the defendant, the court, taking into account circumstances of the case, can demand alimony pay for the past time, which is not more than one year however.
3. If one of spouses gets alimony through disability, alimony pay lasts the whole period of disability. In case of lodging the relevant document for prolonging the period of disability, alimony pay lasts more in accordance with the new period of disability without additional court decree.

Clause 80. Determination of the size of alimony in court for one of spouses.

1. Alimony for one spouse can be part of the salary (income) of the other spouse or it can be some flat amount of money.
2. The size of alimony for one of spouses is determined by court, taking into account opportunity to get support from an adult son (daughter), parents and other circumstances, which have essential significance.
3. The size of alimony, determined by the court, can be changed by the court through the statement of claim of the payer or the receiver of alimony in case if their financial and (or) family state changes.

Clause 81. Kinds of incomes, which are considered at determination of the size of alimony.

1. List of kinds of incomes, which are considered at determination of the size of alimony for one of spouses, children, parents or other persons, are approved by the Cabinet of Ukraine.

Clause 82. Discontinuation of the right of one of spouses for support (alimony).

1. The right of one of spouses for support as well as the right for support, which was received after divorce, is discontinued in case if ability to work has been renewed or if the person got remarried. The right for support is discontinued since the day when these circumstance arrive.
2. If execution in accordance with court decree continues after the right for support is terminated, all amounts, which were received as alimony, are considered received without legal ground and are subject to return fully, but for not more than the last three years.
3. The right of one of spouses for support, which was determined by the court decree, can be terminated by court decree if one of the following facts is established:

1) the receiver of the alimony does not need material support;

2) the payer of the alimony cannot provide with material support;

4. The right of one of the spouses for support is terminated in cases, mentioned in Clauses 83, 85, 87, 89 of this Law.

Clause 83. Forfeit of the right for support or limitation of the right for support.

1. Through the court decree one of spouses can be deprived of the right for support or time of its force can be limited if:


1) spouses lived together in marriage for a short time;
2) disability of the spouse, who needs material support, was received in crime, committed deliberately by him/her;
3) disability or serious disease of the spouse, who needs material support, was hidden from the other spouse when they got married;
4) the receiver of alimony deliberately got the status, at which he/she needs material support.

2. This clause also applies to the persons, who got the right for alimony after divorce.

Clause 84. The right of the wife for support when she is pregnant and when she lives with a child.

1. The wife has the right for support from her husband when she is pregnant.
2. The wife, with whom the child lives, has the right for support from her husband - the father of the child, until the child is 3 years old.
3. If the child has mental or physical development defects, the wife, with whom the child lives, has the right for support from her husband until the child is 6 years old.
4. The right for support belongs to the pregnant wife, as well as to the wife, with whom the child lives, irrespective of whether she works and irrespective of her financial state on condition that her husband can provide with material support.
5. Alimony, awarded to the wife at the time of her pregnancy, is being paid after child's birth without additional court decree.
6. The pregnant wife or the wife, with whom a child lives, has the right for support after divorce also.

Clause 85. Discontinuation of the wife's right for support.

1. The wife's right for support, made with Clause 84 of this Law, is discontinued if pregnancy has been discontinued, a dead child is born, the child dies or the child is being given to another person for upbringing.
2. The wife's right for support is discontinued if the court decree cancels the record of the child's birth certificate, saying that her husband is the father of the child.

Clause 86. The right of the husband for support when he lives with a child.

1. The husband, with whom the child lives, has the right for support from his wife - the mother of the child, until the child is 3 years old.
2. If the child has mental or physical development defects, the husband, with whom the child lives, has the right for support from his wife until the child is 6 years old.
3. The right for support belongs to the husband, with whom the child lives, irrespective of whether he works and irrespective of his financial state on condition that his wife can provide with material support.
4. The husband, with whom a child lives, has the right for support after divorce also.

Clause 87 . Discontinuation of the husband's right for support.

1. The husband's right for support, made with Clause 86 of this Law, is discontinued if the child dies or if the child is being given to another person for upbringing.
2. The husband's right for support is discontinued if the court decree cancels the record of the child's birth certificate, saying that his wife is a mother of the child.

Clause 88. The right for support of the spouse, with whom a child-invalid lives.

1. If one of the spouses lives with a child-invalid, who cannot live without somebody's constant care for him/her and who is cared for by this spouse, this spouse has the right for support on condition that the other spouse can provide with material support. The right for support is in force during the whole period of the child-invalid's living with the spouse and does not depend on financial state of the spouse, with whom the child-invalid lives.
2. The size of alimony, awarded to the spouse with whom the child-invalid lives, is determined in court in accordance with Clause 80 of this Law. In this case the court does not consider the opportunity of the spouse to get alimony from parents, adult daughter or adult son.
   

Clause 89. Discontinuation of the right for support through mutual agreement of spouses.

1. Spouses or persons, whose marriage was dissolved, have right to close a contract about discontinuation of the right for support in exchange for getting the right for ownership of a house, a flat or other immovable property or getting one time financial payment. The contract, through which the ownership for immovable property is transferred, has to be certified by the notary public and officially registered.
2. If persons arrange with each other about discontinuation of the right for support in exchange for getting one time financial payment, this determined amount of money had to be put in the account of the notary office before the contract is notarized.
3. The property, which is received in exchange for discontinuation of the right for support, cannot be an object of recovery of penalty.

Clause 90. Mutual participation of the wife (the husband) when expenses for medical treatment are born.

1. The wife (the husband) is mutually bears expenses, connected with disease or mutilation of the spouse.

Clause 91. The right for support of the wife and the husband who are not in official marriage.

1. If the husband and the wife, who are not in official marriage, live for a long time as a family, that of them, who became incapable to work during their cohabitation, has the right for support in accordance with Clause 76 of this Law.
2. The wife and the husband, who are not in official marriage, have the right for support if their child lives with her (him) in accordance with Clauses 84, 86, 88 of this Law.
3. The right for support of the wife (the husband) is discontinued on the grounds, mentioned in Itmes 2 and 4, Clauses 83 and Causes 85, 87, 89 of this Law.

Chapter 10. Marriage Contract.

Clause 92. The right to close a marriage contract.

1. The marriage contract can be closed by a woman and a man, who applied for registration of their marriage as well as by spouses.

2. Non-adult person, who wants to close a marriage contract before marriage registration, needs signed consent of his/her parent or custodian. The signed consent must be notarized.

Clause 93. Matter of the marriage contract.

1. Marriage contract regulates property relationship between spouses, determines their property rights and duties.

2. Marriage contract can determine property rights and duties of spouses as parents.

3. Marriage contract cannot regulate personal relationship of spouses and it cannot regulate personal relationship between spouses and their children.

4. Marriage contract cannot reduce rights of a child that were settled with this Law as well as it cannot put one of spouses on a poor material state.

5. Through a marriage contract nobody of spouses can receive the ownership for immovable property or another property that are subject of state registration.

Clause 94. Form of marriage contract.

1. A marriage contract is closed in written form and notarized.

Clause 95. Start of a marriage contract effect.

1. If the marriage contract was closed before marriage registration, the marriage contract comes into force on the day of marriage registration.

2. If the marriage contract is closed by spouses, it comes into force on the day of its notarization.

Clause 96. Duration of the marriage contract.

1. The marriage contract can mention duration of the marriage contract as well as duration of specific rights and duties.

2. The marriage contract or its specific provisions can be still in force also after marriage has been dissolved.

Clause 97. Determination of the legal regime of property in the marriage contract.

1. The marriage contract can determine property, which the wife (the husband) gives for family needs as well as the legal regime of property, which spouses were given as gift for their marriage registration.

2. Spouses can arrange about non-application of Clause 60 of this Law to property, gained during their marriage and consider it partly joint property or personal private property of each of the spouses.

3. Spouses can arrange through the contract about possible mode of division of property, including the case if the marriage is dissolved.

4. Parties can also arrange through the marriage contract about use of property, belonging to both of them or to one of them, for satisfying needs of their children or other persons.

5. In the marriage contract parties can mention any other arrangements as to legal regime of property if they are not in disagreement with moral fundamentals of the society.

Clause 98. Determination of the order of use of accommodation.

1. If one of the spouses settles in accommodation of another spouse after they got married, the parties can determine the order of use of the accommodation in the marriage contract. The spouses can arrange about vacating the accommodation, so that that, who settled in the accommodation, vacates it with money compensation or without it in case if their marriage is dissolved.

2. Parties can arrange about living in the accommodation that belongs to one of them or is their joint property (or their relatives).

Clause 99. Determination of the right for support in the marriage contract.

1. Parties can arrange about providing one of spouses with support, irrespective of incapacity for work and needs for financial support on conditions, mentioned in the marriage contract.

2. If conditions, size of alimony and dates of alimony pay are determined in the marriage contract, in case of default on obligations, the alimony can be demanded on the ground of executive note of the notary public.

3. The marriage contract can determine the condition of discontinuation of the right of one of spouses for material support in connection with getting property (financial) compensation.

Clause 100. Changing conditions of the marriage contract.

1. To unilaterally change conditions of the marriage contract is not possible.

2. The conditions of the marriage contract can be changed by spouses. Agreement about changing conditions of the marriage contract should be notarized.

3. Through a request of one of spouses the marriage contract can be changed by court if this is required by his/her interests, interests of children, invalid adult daughter (son), which have essential significance.

Clause 101. The right to cancel the marriage contract.

1. Spouses can cancel their marriage contract. Rights and duties, determined in the marriage contract, are discontinued on the day of lodging the application in the notary office about canceling the marriage contract.

Clause 102. Dissolving the marriage contract.

1. Through a request of one of spouses the marriage contract can be dissolved with court decree on grounds that have essential significance, in particular if the marriage contract cannot be fulfilled.

Clause 103. Acknowledging the marriage contract invalid.

1. Through a request of one of spouses or another person, the rights of whose were entrenched by the marriage contract, this marriage contract can be acknowledged invalid by court decree on the grounds, established by the Civil Code of Ukraine.

Chapter 11. Termination of Marriage.

Clause 104. Causes of termination of marriage.

1. Marriage is terminated as a result of death of one of spouses or declaring him/her dead.

2. Marriage is terminated as a result of divorce.

3. If one of spouses dies before the court decree about divorce becomes valid, the marriage is considered terminated as a result of death of one of spouses.

4. If one of spouses dies on the day when the court decree about divorce became valid, the marriage is considered terminated as a result of divorce.

Clause 105. Termination of marriage through divorce.

1. Spouses is divorced through the application of both spouses or the application of one of spouses on grounds of an act of a civil registrar's office in accordance with Clauses 106 and 107 of this Law.

2. Marriage is dissolved as a result of divorce through the application of both spouses on grounds of court decree in accordance with Clause 109 of this Law.

3. Marriage is dissolved as a result of divorce through the application of one of spouses on grounds of court decree in accordance with Clause 110 of this Law.

Clause 106. Termination of marriage through the application of spouses, who have no children, on grounds of act of a civil registrar's office.

1. Spouses, who have no children, have right to apply to the civil registrar 's office for divorce.

2. The civil registrar's office produces a decree about divorce in one month from the day, when the application had been lodged, if it has not been canceled.

3. Marriage is dissolved irrespective of existence of property debate between spouses.

Clause 107. Termination of marriage through the application of one of spouses on grounds of act of a civil registrar's office.

1. Marriage is dissolved on grounds of an act of the civil registrar's office through the application one spouse if another spouse is:
1) declared missing;
2) legally incapable;
3) convicted for crime and sentenced to deprivation of freedom for not less 3 years.

2. Marriage is dissolved irrespective of existence of property debate between spouses.

Clause 108. Acknowledging divorce fictitious.

1. Through an application of an interested person (privy), marriage that was dissolved, according Clause 106 and item 3 part 1 Clause 107 of this Law, can be acknowledged fictitious by court, if the court establishes that a husband and a wife continued to live together as one family and did not have any intention to terminate their marriage relationship. On grounds of court decree the divorce record and divorce certificate are canceled by the civil registrar's office.

Clause 109. Termination of marriage on grounds of court decree through the application of both spouses.

1. Spouses, who have children, have right to lodge their application for divorce in the court with an agreement in written form about with whom of spouses their children will live after divorce and which part of support to satisfy children's needs will belong to that spouse, who will live separately, as well as conditions of exercising the parent's right for personal participation in upbringing of his/her child (children)

2. Agreement of spouses about size of alimony for children must be notarized. In case of default, the alimony can be demanded on the ground of executive mote of the notary public.

3. The court issues a decree about divorce, if the court establishes that the application about divorce answers the real will of the husband and the wife and that after their divorce their personal and property rights and the rights of their children are not breached.

4. The court issues a decree about divorce in one month from the day when the application about divorce had been lodged. During this period of one month the husband and the wife have right to cancel their application about
divorce.

Clause 110. Right to apply for action for divorce.

1. Action for divorce can be made by one of spouses.

2. Action for divorce cannot be made while the wife is pregnant or within one year after a child was born, except cases when one of spouses conducted illegally with signs of crime as to the other spouse or a child.

3. The husband (the wife) has right to make the action for divorce during the pregnancy of the wife if the father of the future child is another man.

4. The husband (the wife) has right to make the action for divorce before the child is one year old, if the father is another man or if the court decree cancels the item of the birth record, saying that the man is the father of the child

5. A custodian has right to make the action for divorce, if this is in the interest of that spouse, who is acknowledged legally incapable.

Clause 111. Steps of the court as to conciliation of spouses.

1. The court makes steps as to conciliation of spouses if this is in agreement with moral norms of society.

Clause 112. Causes of the action for divorce, made by one of spouses.

1. The court establishes factual relations of spouses, real reasons of the action for divorce, considers existence of a small child (child-invalid) and other circumstances of life of spouses.

2. The court issues the court decree about divorce if the court established that conjoint living of spouses and to keep the family are in disagreement with interests of one of spouses, interests of their children if the interests have essential significance.

Clause 113. Right to choose a surname after divorce.

1. A person, who changed his/her surname as a result of marriage, has the right to have this surname after divorce or take her/his surname, which she/he had before marriage.

Clause 114. Time of termination of marriage in case the marriage is dissolved.

1. If marriage was dissolved by a civil registrar's office, the marriage is terminated at the day when the answerable act is issued.

2. If marriage was dissolved by the court, the marriage is terminated at the day when the court decree comes into force.

Clause 115. Divorce registration.

1. Divorce after court decree has to be registered in the civil registrar's office through the application of either the ex-husband or the ex-wife.

2. The Civil registrar's office issues the divorce certificate, approved by the Cabinet of Ukraine.

Clause 116. The right to remarry after the marriage has been dissolved.

1. After the marriage was dissolved and the divorce certificate was received, a person has the right to remarry.

Clause 117. The right to renew the marriage after it has been dissolved.

1. A wife and a husband, whose marriage was dissolved, have the right to apply to the court for renewal of their marriage on condition that neither of them was remarried after their divorce.

2. On the ground of the court decree about renewal of the marriage and canceling the divorce record, the civil registrar's office issues the new marriage certificate where through the choice of spouses the day of the marriage registration can be considered the day of their first marriage registration or the day, when the court decree about renewal of their marriage comes into force.

Clause 118. Renewal of marriage in case if a person, who was declared dead or missing, appears.

1. If a person, who was declared dead, appears and the corresponding court decree is canceled, the marriage is renewed on condition that neither of them is remarried.

2. If a person, who was declared missing, appears and the corresponding court decree is canceled, the marriage can be renewed through their application on condition that neither of them is remarried.

3. In the cases, mentioned in Items 1 and 2 of this clause, the civil registrar's office cancels divorce record and the according certificate, which was issued on the ground of the record.

Clause 119. Establishing a regime of separate inhabitation of spouses.

1. Through an application of spouses or action of one of them the court can issue a decree about the regime of separate inhabitation for spouses in case if they cannot live together or if the husband or the wife does not wish to
live together.

2. The regime of separate inhabitation is discontinued in case if the family relationship is renewed or through the court decree on the ground of an application of one of spouses.

Clause 120. Legal consequences of the regime of separate inhabitation of spouses.

1. The regime of separate inhabitation does not discontinue the rights and the duties of spouses, which are established by this Law and which the husband and the wife had before establishing this regime, as well as the
rights and the duties, which were established by the marriage contract.

2. In case if the regime of separate inhabitation of spouses has been established:

1) property, which will be purchased by the husband and the wife in future, is not considered purchased in marriage;

2) a child that was born by the wife in 10 months is not considered a child of her husband;

3) the wife (the husband) can adopt a child without agreement of the other spouse.

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