Why do Europeans marry in Ukraine? We explain using the example of Italy.

Why do Europeans choose to get married in Ukraine? Because it is advantageous, fast, and reliable. Explaining using the example of Italy.

Approximately 120 thousand Ukrainians are currently forced to stay in Italy. Let's be honest, not all our citizens will return to Ukraine after their victories.

Most of them have already found jobs, housing, and even love. Italy is one of the countries that protects marriage and supports the creation of family relationships in various ways:

1. Provides benefits for utility bill payments based on the number of children;
2. Mortgage interest rate is 3-4%;
3. Free primary and higher education;
4. Free healthcare;
5. Programs where the state reimburses 110% of housing capital repairs;
6. Other bonuses depending on the family's income and employment status;
7. Opportunity to acquire citizenship of an EU country.

However, in the fight to preserve marriage, Italy, so to speak, 'went too far' – officially formalizing relationships has become extremely disadvantageous for Italian men.

Let's list the advantages that the 'ex' partner has in case of divorce.

1. Alimony for the support of the former spouse is paid until the 'ex' remarries or finds employment again (Article 156 of the Italian Civil Code). Even working in the 'black market' is not a reason to stop alimony payments (decision of the Italian Court of Cassation dated October 6, 2022, case No. 18820/2022). In contrast to Ukrainian legislation, the obligation to provide support arises only if the 'ex' is incapacitated (Article 75 of the Family Code of Ukraine);

2. If the former spouses assisted each other in business, the court may award them a share of future income (Article 230 of the Italian Civil Code). In Ukraine, the court divides only the property that actually exists at the time of divorce, regardless of the future.

3. Child support payments can continue until the child achieves economic independence (Article 337-7 of the Italian Civil Code). What this means is unclear. In 2016, the Milan court considered a case and stated that at the age of 34, a person is considered an adult and not a child, thus not requiring parental support (alimony). In contrast to Ukraine, alimony can be paid only until the age of 18-23 (Article 199 of the Family Code of Ukraine).

4. In the event of divorce, the court may allow the spouse who remains with the children to reside in the house, even if the house belonged to another couple before the marriage (Article 337-6 of the Italian Civil Code).

5. During the existence of the marriage, at the request of one of the spouses, the court may intervene and make decisions regarding the management of the family property (Articles 145 and 181 of the Italian Civil Code), which is not possible in Ukraine.

6. If, during the marriage, one spouse (typically the wife) performed all the household duties, raised the children, and did not work, the court may require the other spouse (typically the husband) to compensate for the years of unpaid domestic work. We described a real case of 48-year-old Ivana Moral, who received 205,000 euros from her ex-husband. The case was heard in Spain, but this is how European courts assess domestic work. In Ukraine, domestic work is not evaluated due to cultural traditions and mentality, so such a judicial practice is absent.

As we can see, divorce can be expensive for the ex-husband. Additionally, in Italy, it is impossible to conclude a prenuptial agreement and balance the rights of the spouses.

Is there a "recipe" to preserve the social advantages of Italian legislation and be protected from the risks of divorce?

Yes, it is possible if a prenuptial agreement is concluded, and the marriage itself is registered in Ukraine. Here are the main advantages of Ukrainian registration:

• Fast marriage registration.
• A prenuptial agreement concluded in Ukraine will be valid in Italy under Article 1322 of the Italian Civil Code. The cost of a prenuptial agreement in Ukraine is up to 1,100 euros/40,000.00 hryvnias.
• Quick divorce. Unlike Italy, a divorce without children can take 1 month (in Italy - 6 months). A divorce "with children" in Italy can typically take 3 years, while in Ukraine, with a prenuptial agreement/child support agreement, it can take 1–3 months. The cost of divorce in Italy is significantly higher than in Ukraine and depends on dozens of factors. The average cost of divorce "with children" in Italy ranges from 500 to 3,000 euros/18,500 to 110,000 hryvnias with mandatory presence. The cost of divorce in Ukraine is from 20,000 to 30,000 hryvnias, without attending court sessions.
• The decision of the Ukrainian court will be valid in Italy. This issue is regulated by the Italian law "Reform of the Italian System of International Law" dated May 31, 1995 (Article 64).

Therefore, entering into a prenuptial agreement in Ukraine for Europeans means the same as obtaining a "guarantee" from unsuccessful love.

To avoid hassle and mistakes, the law firm "Bakhmach and Partners" offers the services of top-tier lawyers who understand all the processes of preparing documents for marriage with a foreigner in Ukraine, communicate clearly with clients, and anticipate risks. We provide full support in drafting a prenuptial agreement, allowing clients to save their time, peace of mind, and money.