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Basic Prenup Agreement

Basic Prenup Agreement Template for Denmark

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Basic Prenup Agreement

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Document background
The Basic Prenup Agreement is a fundamental legal document used in Denmark by couples planning to marry who wish to establish clear property rights and financial arrangements different from the default matrimonial property regime. This document is particularly relevant when one or both parties bring significant assets to the marriage, own businesses, or wish to protect inherited or family assets. The agreement must comply with Danish legislation, particularly the Marriage Act (Ægteskabsloven) and the Act on the Legal Effects of Marriage (Retsvirkningsloven). It requires proper execution before a notary and registration in the Danish Personal Registry to be legally binding. The Basic Prenup Agreement typically includes provisions for property division, asset protection, and financial responsibilities, while allowing for customization based on the specific circumstances of the parties involved.
Suggested Sections

1. Parties: Identification and personal details of both parties entering into the prenuptial agreement

2. Background: Brief context about the upcoming marriage and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Property Regime: Declaration of the chosen property regime (separate property, partial separate property, or modified community property)

5. Pre-Marriage Assets: Detailed listing of assets owned by each party before marriage and their status under the agreement

6. Future Assets: Treatment of assets acquired during marriage

7. Debts and Liabilities: Handling of existing and future debts

8. Modification and Termination: Conditions under which the agreement can be modified or terminated

9. Governing Law: Confirmation that Danish law governs the agreement

10. Signatures and Witnessing: Formal execution requirements including notarization and registration details

Optional Sections

1. Business Interests: Specific provisions for handling business ownership and future business interests

2. Inheritance Rights: Special provisions regarding inheritance rights and expectations

3. International Assets: Provisions for assets located outside Denmark

4. Pension Rights: Special arrangements regarding pension rights and retirement benefits

5. Children's Provisions: Provisions regarding existing children or future children's financial arrangements

6. Gifts and Inheritances: Treatment of gifts and inheritances received during marriage

7. Residence Rights: Provisions regarding the marital home and future residential property

Suggested Schedules

1. Schedule A - Pre-Marriage Assets: Detailed inventory of each party's assets and their values at the time of marriage

2. Schedule B - Business Valuations: Professional valuations of any business interests owned by either party

3. Schedule C - Debt Schedule: Detailed list of existing debts and liabilities of both parties

4. Schedule D - Property Documentation: Copies of property titles, business ownership documents, and other relevant asset documentation

5. Appendix 1 - Financial Disclosure: Comprehensive financial disclosure statements from both parties

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Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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