Consent Order Divorce

Consent Order Divorce Template for Denmark

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Document background

The Consent Order Divorce document is a crucial legal instrument in Danish divorce proceedings when both parties agree to divorce terms. It is used when spouses have reached agreement on all aspects of their separation and wish to formalize these arrangements through the Danish State Administration. This document type encompasses comprehensive arrangements for property division, financial settlements, and child-related matters where applicable, all in compliance with Danish law. The document is particularly relevant when parties seek a streamlined divorce process without court litigation, though it still requires official approval. It must address all mandatory aspects required by Danish legislation, including proper identification of parties, clear statement of consent, and detailed arrangements for asset division. The document serves as both a record of agreement and a legally binding order once approved by the relevant authorities.

Suggested Sections

1. Parties: Details of both spouses including full legal names, addresses, and CPR numbers (Danish personal identification numbers)

2. Background: Brief history of the marriage including date and place of marriage, date of separation, and confirmation that both parties consent to divorce

3. Definitions: Key terms used throughout the document

4. Grounds for Divorce: Statement confirming mutual consent and satisfaction of Danish legal requirements for divorce

5. Declaration of Mutual Understanding: Confirmation that both parties understand the legal implications and have received independent legal advice

6. Property Division: Overview of how matrimonial assets and liabilities will be divided

7. Financial Arrangements: Details of any ongoing financial obligations, settlements, or maintenance arrangements

8. Tax Implications: Statement regarding understanding of tax consequences and responsibilities

9. Future Claims: Waiver of future claims against each other's estates except as specified in the agreement

10. Governing Law: Confirmation that the agreement is governed by Danish law

11. Signatures: Execution block for both parties and witnesses

Optional Sections

1. Children Arrangements: Required if the couple has children under 18, detailing custody, residence, visitation, and support arrangements

2. Pension Rights: Required if there are pension rights to be divided or maintained

3. Business Interests: Required if there are shared business interests or company ownership to be divided

4. International Assets: Required if there are assets in other countries that need specific arrangements

5. Spousal Maintenance: Required if ongoing spousal maintenance is to be paid

6. Name Change: Required if either party wishes to change their name post-divorce

7. Mediation Clause: Optional clause for handling future disputes through mediation before court proceedings

8. Inheritance Rights: Required if specific arrangements regarding inheritance rights are needed

Suggested Schedules

1. Schedule 1: Asset and Liability Schedule: Detailed list of all matrimonial assets and liabilities with agreed values and division

2. Schedule 2: Property Transfer Details: Specific arrangements for transfer of real estate or significant assets

3. Schedule 3: Children's Arrangements: Detailed parenting plan including holiday arrangements and special occasions

4. Schedule 4: Maintenance Calculations: Detailed calculations for child and/or spousal maintenance

5. Appendix A: Marriage Certificate: Copy of the original marriage certificate with certified translation if not in Danish

6. Appendix B: Property Valuations: Independent valuations of significant assets

7. Appendix C: Financial Disclosure: Copies of financial statements and declarations from both parties

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