4 Can or must the matrimonial property regime be registered?

In Ukraine, a marriage contract is subject to mandatory notarisation, but it is not subject to state registration. The matrimonial property regime is not registered separately. The right of ownership and other rights in rem over immovable property, its origin, transfer and termination shall be subject to state registration in accordance with Part 1 of Article 182 of the Civil Code of Ukraine. State registration of immovable property rights is public and takes place in the electronic register of state rights. Notaries in Ukraine are state registrars with the right to carry out such registration of property rights. Therefore, when registering the ownership of immovable property by the State, if it is common, the type of ownership is indicated. The legal regime governing the joint ownership of the spouses or the personal property of one of the spouses shall be determined exhaustively, taking into account the legal basis for the acquisition of property rights and State registrations, the law and the presence — absence of a marriage contract.

Spouses must notify the competent institutions of the existence of a marriage contract in order to take into account the agreements when exercising the spouses’ rights. In Ukraine, there is not yet a unified electronic register of marriage contracts.