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Matrimonial Agreement

Matrimonial Agreement Template for Denmark

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Matrimonial Agreement

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A Matrimonial Agreement is a crucial legal document used in Denmark to establish or modify property rights and financial arrangements between spouses or prospective spouses. This document becomes relevant either before marriage (as a prenuptial agreement) or during marriage (as a postnuptial agreement). It allows parties to opt out of the default Danish marital property regime and create customized arrangements that better suit their circumstances. The agreement typically covers aspects such as property division, inheritance rights, pension arrangements, and business interests. It must comply with Danish law, particularly the Marriage Act and the Act on the Effects of Marriage, and requires proper registration with Danish authorities to be legally valid. The document is particularly important for couples with significant assets, business interests, or complex financial arrangements, as well as those entering second marriages or with children from previous relationships.
Suggested Sections

1. Parties: Identification of both parties entering into the agreement, including full legal names, addresses, and civil registration numbers (CPR)

2. Background: Context of the agreement, including whether it's pre-nuptial or post-nuptial, and the general intention of the parties

3. Definitions: Key terms used throughout the agreement, including specific Danish legal terms and their meanings

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

5. Separate Property Provisions: Detailed provisions regarding what constitutes separate property for each spouse

6. Community Property Provisions: Specifications about any property that will be considered community property

7. Financial Obligations: Agreement on handling of debts, loans, and other financial obligations

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

9. Governing Law: Confirmation that the agreement is governed by Danish law and relevant legislation

10. Signatures: Formal execution section including signatures, dates, and witness attestations as required by Danish law

Optional Sections

1. Business Interests: Provisions regarding ownership and management of business interests, used when one or both parties own business assets

2. Inheritance Rights: Specific provisions about inheritance rights, particularly relevant for couples with children from previous relationships

3. International Assets: Specific provisions for handling property and assets located outside Denmark

4. Pension Rights: Detailed arrangements regarding pension rights and division, particularly important for couples with significant pension assets

5. Gifts and Inheritances: Special provisions for handling future gifts or inheritances

6. Residence Rights: Provisions regarding the marital home and any vacation properties

7. Intellectual Property Rights: Provisions for handling intellectual property owned by either party

8. Future Income: Provisions regarding treatment of future income or expected assets

Suggested Schedules

1. Schedule A - Asset Inventory: Detailed list of all assets owned by each party at the time of the agreement

2. Schedule B - Property Valuations: Professional valuations of significant assets including real estate and business interests

3. Schedule C - Financial Obligations: List of existing debts and financial obligations of each party

4. Schedule D - Business Assets: Detailed information about any business interests and their agreed treatment

5. Schedule E - Pension Information: Details of pension arrangements and agreed division

6. Appendix 1 - Legal Certificates: Copies of relevant legal certificates including marriage certificate if post-nuptial

7. Appendix 2 - Property Documentation: Copies of property deeds and relevant ownership documentation

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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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