Refusing a wedding can result in a lawsuit

The new draft Civil Code provides for compensation for wedding expenses and non-pecuniary damage in the event of a divorce.

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If you say «no» at the registry office, you will have to pay: engagement can be given legal force

Ukraine plans to legislate the status of engagement and give it legal force. The relevant provisions are contained in the draft of the new Civil Code, which is being prepared for consideration by the Verkhovna Rada.

Compensation in case of cancellation of marriage

According to the initiative, if the marriage does not take place after the promise to marry, the refusing party may be obliged to compensate for the costs of preparing the wedding, as well as moral damages.

It is proposed to consider persons who have made a mutual promise to get married, both verbally and in writing, as engaged. After submitting an application to the civil registry office, the status of engaged will be considered official, although the marriage itself will remain voluntary.

When the refund does not apply

Compensation will not be required if the refusal to marry is due to significant circumstances. These include:

  • serious illness of a partner;

  • having a child;

  • criminal record;

  • being in another marriage or de facto family relationship;

  • gender reassignment;

  • illegal or immoral behaviour.

New rules on gifts

The draft law separately regulates the fate of gifts made in connection with an engagement or wedding preparation. If the marriage does not take place, the gift will have to be returned. If this is not possible, the full value of the gift must be compensated through the courts.

Context.

The initiative is part of a large-scale update of Ukraine's civil legislation. Lawmakers explain the changes by the need to more clearly regulate family legal relations and protect the parties from financial and moral losses in the event of a marriage breakdown.

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