Правове регулювання шлюбних договорів: українські реалії та європейський досвід

The article examines the legal regulation of marriage contracts in Ukraine, focusing on the national judicial practice and the comparative experience of European Union countries. Marriage contracts are recognized as an essential legal instrument for regulating the property relations of spouses, combining elements of civil and family law. In Ukraine, their regulation is primarily determined by the Family Code and the Civil Code, which establish the formal requirements, scope, and effects of such agreements. Despite the existence of normative frameworks, national judicial practice demonstrates considerable variability in interpreting and applying the law, which generates legal uncertainty and complicates the protection of parties’ rights. The study analyzes significant challenges, including formal deficiencies, the presence of discriminatory or unfair contractual conditions, the absence of a unified registration mechanism, and the insufficient development of legal culture among citizens regarding the use of marriage contracts. Comparative analysis of EU legal systems reveals effective approaches to ensuring legal certainty, fairness, and the protection of less advantaged spouses. In particular, countries such as France, Germany, and Italy implement mandatory notarization or state registration, clearly defined criteria for evaluating contractual fairness, and mechanisms that balance contractual freedom with public policy requirements. The article identifies gaps in Ukrainian law and proposes practical measures to enhance legal predictability, transparency, and fairness in marriage contract regulation. These measures include refining the criteria for assessing contractual conditions, establishing a unified registration or monitoring system, providing legal education for citizens on contractual rights and obligations, and harmonizing Ukrainian norms with international and European standards to ensure the enforceability of marriage contracts in transnational contexts. The results of the study contribute to the understanding of marriage contracts as a tool for preventing disputes, securing property rights, and promoting legal stability in family relations. By integrating comparative insights, the research suggests ways to improve national legislation, reduce conflicts, and increase the efficiency of legal mechanisms regulating marital property relations, which is essential for the development of a predictable and fair family law system in Ukraine.