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Divorce Settlement Agreement

Divorce Settlement Agreement Template for Denmark

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Divorce Settlement Agreement

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Document background
The Divorce Settlement Agreement is a crucial legal document used in Danish divorce proceedings to formalize the dissolution of marriage and establish clear terms for both parties' future obligations and rights. This document becomes necessary when spouses in Denmark decide to end their marriage, whether through immediate divorce or following the required separation period under Danish law. The agreement comprehensively covers all aspects of the divorce settlement, including property division, financial arrangements, spousal maintenance, pension rights, and where applicable, child custody and support arrangements. It must comply with Danish legislation, particularly the Marriage Act (Ægteskabsloven) and requires official approval from the Danish State Administration (Statsforvaltningen). The document serves as a legally binding contract that protects both parties' interests and provides a clear framework for their post-divorce relationship and obligations.
Suggested Sections

1. Parties: Identification and details of both spouses, including full legal names, addresses, and civil registration numbers (CPR)

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

3. Definitions: Key terms used throughout the agreement, ensuring clear interpretation of important concepts and terminology

4. Date of Separation and Divorce: Formal declaration of the separation date and intended divorce date, acknowledging compliance with Danish separation period requirements

5. Division of Property: Comprehensive arrangement for division of joint property, including real estate, vehicles, bank accounts, and personal belongings

6. Financial Settlement: Details of any financial settlements, including division of savings, investments, and pension arrangements

7. Debts and Liabilities: Allocation of responsibility for joint debts, mortgages, loans, and other financial obligations

8. Maintenance and Support: Arrangements for any spousal maintenance (ægtefællebidrag), including amount, duration, and payment terms

9. Tax Matters: Agreement on handling tax obligations, refunds, and joint tax matters for the current and previous tax years

10. General Provisions: Standard legal provisions including governing law, dispute resolution, and amendment procedures

11. Execution: Signing requirements, date, and acknowledgment of understanding and agreement to terms

Optional Sections

1. Child Custody and Support: Required when the couple has minor children, detailing custody arrangements, visitation rights, and child support obligations

2. Business Interests: Required when either party owns business interests, detailing the division or buyout of business assets

3. International Assets: Required when the couple has assets in multiple countries, addressing cross-border property and financial interests

4. Pets and Animals: Required when determining custody and care arrangements for family pets

5. Intellectual Property Rights: Required when either party has intellectual property interests that need to be addressed

6. Future Inheritance Rights: Optional section addressing any agreements regarding future inheritance rights or expectations

7. Insurance Policies: Required when there are joint life, health, or property insurance policies that need to be addressed

8. Name Change Provisions: Required when either party wishes to change their surname post-divorce

Suggested Schedules

1. Schedule A - Property Inventory: Detailed list of all joint property and agreed division

2. Schedule B - Financial Assets: Comprehensive list of bank accounts, investments, and pension arrangements with agreed distributions

3. Schedule C - Child Custody Schedule: Detailed visitation and custody calendar, if applicable

4. Schedule D - Debt Schedule: List of all joint debts and liabilities with agreed allocations

5. Appendix 1 - Property Valuations: Professional valuations of significant assets such as real estate or businesses

6. Appendix 2 - Pension Statements: Current pension statements and agreed division arrangements

7. Appendix 3 - Tax Documentation: Relevant tax returns and documentation for financial settlements

8. Appendix 4 - Legal Declarations: Any required legal declarations or certificates under Danish law

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