Divorce Agreements: Certain Theoretical and Practical Aspects

Abstract

The article deals with the problems of contractual regulation of the relationship between spouses in the process of divorce, determination of the terms of agreements on the maintenance, and the upbringing of children in the order according to Art. 109 Family Code of Ukraine, identification of contractual forms for settlement of other issues arising in the process of divorce, namely: division of property, separation of shares from the joint property of spouses, use of joint property, provision of housing interests of children, etc. Considerable attention was paid to the issues of improvement of Art. 109 of the Family Code of Ukraine. The view is expressed that the husband and wife, resolving the issue of divorce by mutual consent according to Art. 109 of the Family Code of Ukraine, are obliged on a contractual basis to determine the living conditions of children after divorce, by concluding two types of agreements: the agreement on the exercise of parental rights and obligations (Part 1 of Article 109 of the Family Code); the agreement on the maintenance of the child to those of the parents who live separately or the agreement on the discontinuation of the right to alimony in exchange for the acquisition of ownership of real estate (Part 2 of Article 109 of the Family Code of Ukraine). It is also argued that a spouse in the divorce process may enter into a single agreement, combining the terms of both agreements (on maintenance and on upbringing). The main characteristic of the agreement on discontinuation of the right to alimony in exchange for the acquisition of the property right for real estate with the purpose of securing the housing rights of the children in divorce is investigated. Given the need to resolve on a contractual basis a wide range of divorced life issues, it is proposed to consider family law agreements in the process of divorce in a narrow and broad sense. The article also analyzes the practical prerequisites for implementation a single comprehensive divorce agreement into the legislation of Ukraine, as well as proposes to distinguish it from the marriage contract in the case of divorce. Keywords: divorce, simplified divorce procedure, contracts between spouses, upbringing and maintenance of children, discontinuation of the right to alimony.