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Divorce Property Settlement Agreement Template for Denmark

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Divorce Property Settlement Agreement

Document background
The Divorce Property Settlement Agreement is a crucial document used in Danish divorce proceedings to formalize the division of assets and liabilities between separating spouses. It is prepared in accordance with Danish law, particularly the Marriage Act (Ægteskabsloven) and Property Formation Act, and can be used either during amicable settlements or as part of court proceedings. This document becomes necessary when married couples decide to divorce and need to legally document how their joint and separate property will be divided. It covers all aspects of property division, including real estate, financial assets, pensions, personal property, and debts. The agreement must comply with Danish legal requirements regarding property division in divorce cases, including the principle of equal division of community property unless specific circumstances warrant a different arrangement. Once signed and properly executed, it becomes a legally binding document that can be enforced through the Danish legal system.
Suggested Sections

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

2. Background: Brief history of the marriage, date of separation, and confirmation that both parties seek divorce by mutual consent

3. Definitions: Key terms used throughout the agreement, including definitions of separate property, community property, and other relevant terms

4. Division of Community Property: Detailed provisions for the division of property acquired during marriage, following Danish equal division principles

5. Separate Property: Identification and confirmation of assets that remain separate property of each spouse

6. Real Estate: Specific arrangements for any real estate owned jointly or separately, including primary residence and vacation properties

7. Financial Assets: Division of bank accounts, investments, stocks, bonds, and other financial instruments

8. Pension Rights: Agreement on the division or compensation of pension rights accumulated during marriage

9. Personal Property: Division of household items, vehicles, and personal effects

10. Debts and Liabilities: Allocation of joint and separate debts, including mortgages, loans, and credit card debts

11. Tax Implications: Agreement on handling tax consequences of property division and any tax liabilities

12. Implementation: Timeframe and process for implementing the property division

13. Dispute Resolution: Process for resolving any disputes arising from the agreement

14. Final Provisions: Governing law, severability, and complete agreement clauses

15. Signatures: Execution section including date, signatures of both parties, and witness requirements

Optional Sections

1. Business Interests: Section detailing division or buyout of business interests when one or both spouses own business assets

2. International Assets: Special provisions for property located outside Denmark, including compliance with foreign laws

3. Intellectual Property: Division of intellectual property rights when relevant

4. Future Inheritance Rights: Provisions regarding potential future inheritances when there are expected significant inheritances

5. Pet Custody: Arrangements for pets when couples have joint pets

6. Art and Collections: Special provisions for valuable art collections or other collectibles

7. Digital Assets: Division of digital assets including cryptocurrencies and online accounts

8. Family Loans: Provisions dealing with loans from family members to either spouse

Suggested Schedules

1. Schedule A - Real Estate: Detailed listing of all real estate properties including legal descriptions, valuations, and mortgage details

2. Schedule B - Financial Assets: Comprehensive list of all financial accounts, investments, and their current values

3. Schedule C - Personal Property: Itemized list of personal property items and their agreed allocation

4. Schedule D - Debts and Liabilities: Detailed list of all debts and liabilities with current balances

5. Schedule E - Pension Accounts: List of all pension accounts and their agreed division

6. Appendix 1 - Property Valuations: Independent valuations of significant assets

7. Appendix 2 - Tax Calculations: Calculations showing tax implications of the property division

8. Appendix 3 - Implementation Timeline: Detailed timeline for implementing various aspects of the property division

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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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