Marital Property Agreement

Marital Property Agreement Template for Denmark

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Document background

The Marital Property Agreement (ægtepagt) is a crucial legal instrument in Danish family law that enables couples to establish their own property regime different from the statutory community property system. It is typically used before marriage, upon marriage, or during marriage when couples wish to protect individual assets, prepare for business succession, safeguard inheritance rights, or establish clear financial boundaries. The document must adhere to strict formal requirements under Danish law, including mandatory independent legal counsel for both parties and registration with the Tinglysningsretten. It is particularly relevant for couples with significant assets, business interests, expected inheritances, or those entering second marriages with children from previous relationships. The agreement's scope covers current and future assets, debt liability, and can include specific provisions for pensions, business interests, and international property.

Suggested Sections

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

2. Background: Statement of marriage status (existing or intended), purpose of the agreement, and current property regime

3. Definitions: Key terms used in the agreement including definitions of separate property, community property, and specific asset categories

4. Property Classification: Detailed specification of how existing and future assets will be classified (separate or community property)

5. Asset Schedule: Current listing of major assets owned by each spouse and their classification

6. Modification of Statutory Property Regime: Specific terms modifying the default property regime under Danish law

7. Rights and Obligations: General rights and obligations of each spouse regarding property management

8. Debt Liability: Provisions regarding responsibility for existing and future debts

9. Amendment Provisions: Conditions and procedures for modifying the agreement

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

11. Signatures: Formal execution section including date and signatures of both parties

Optional Sections

1. Inheritance Provisions: Used when the parties wish to address inheritance rights, particularly relevant for couples with children from previous relationships

2. Business Assets: Required when either spouse owns business interests that need special treatment

3. Pension Rights: Used when specific arrangements regarding pension rights need to be addressed

4. Real Estate: Required when there are specific provisions regarding real estate ownership or future acquisitions

5. Dispute Resolution: Optional clause specifying how disputes should be resolved, including potential mediation requirements

6. Gifts and Inheritance: Used when addressing treatment of future gifts or inheritances from family members

7. International Assets: Required when either spouse owns or expects to own assets in other countries

Suggested Schedules

1. Schedule A - Asset Inventory: Detailed list of all current assets owned by both parties with their values and classification

2. Schedule B - Debt Inventory: List of all current debts and liabilities of both parties

3. Schedule C - Business Assets: Detailed description of any business interests and their agreed treatment

4. Schedule D - Real Estate: Details of any real estate owned by either party including ownership structure and classification

5. Appendix 1 - Valuation Reports: Any professional valuations of significant assets

6. Appendix 2 - Legal Advice Certificates: Certificates confirming independent legal advice received by each party

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Marital Property Agreement Template for Denmark

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