Post Nuptial Agreement

Post Nuptial Agreement Template for Denmark

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Document background

A Post Nuptial Agreement is utilized in Denmark when married couples wish to establish or modify their property rights and financial arrangements after marriage. This document becomes particularly crucial in situations involving business ownership, inheritance planning, or significant changes in financial circumstances during marriage. The agreement must strictly comply with Danish legal requirements, including the Danish Marriage Act and Property Formation Act between Spouses. It typically includes detailed provisions about separate property (særeje), common property (fælleseje), debt obligations, and future asset arrangements. The document requires proper registration and may need periodic review to ensure it continues to meet the couple's needs and remains compliant with current legislation.

Suggested Sections

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

2. Background: Brief description of the marriage date, current living situation, and reason for creating the post-nuptial agreement

3. Definitions: Clear definitions of key terms used throughout the agreement, including property classifications and specific Danish legal terms

4. Separate Property Arrangements: Detailed specification of which assets are to be classified as separate property (særeje) for each spouse

5. Common Property Arrangements: Specification of assets that will remain as common property (fælleseje) between the spouses

6. Future Assets: Provisions regarding the classification and treatment of future acquired assets

7. Debt Obligations: Clear statement of how existing and future debts will be handled and allocated

8. Modification Provisions: Terms under which the agreement can be modified in the future

9. Legal Compliance: Statements ensuring compliance with Danish law and confirmation that both parties understand their legal rights

10. Signatures and Attestation: Formal signing section including witness attestations and notary requirements as per Danish law

Optional Sections

1. Business Interests: Section dealing with ownership and management of business interests, particularly relevant for couples where one or both spouses own businesses

2. International Assets: Specific provisions for assets held outside Denmark, including how foreign law may impact these assets

3. Inheritance Provisions: Special arrangements regarding inheritance rights and forced heirship rules, particularly relevant for couples with children from previous marriages

4. Pension Rights: Specific arrangements regarding pension rights and retirement benefits

5. Dispute Resolution: Procedures for resolving any future disputes about the agreement, including choice of mediation or arbitration

6. Termination Provisions: Specific circumstances under which the agreement might be terminated or reviewed

7. Gift Provisions: Arrangements for how gifts received during marriage will be classified and handled

Suggested Schedules

1. Schedule A - Current Assets Inventory: Detailed list of all current assets owned by both parties, including values and ownership classification

2. Schedule B - Separate Property List: Comprehensive inventory of assets designated as separate property for each spouse

3. Schedule C - Debt Schedule: Detailed list of all current debts and liabilities of both parties

4. Schedule D - Business Assets: Detailed description and valuation of any business interests owned by either spouse

5. Schedule E - Property Valuations: Professional valuations of significant assets, particularly real estate and business interests

6. Appendix 1 - Legal Certificates: Copies of marriage certificate and other relevant legal documents

7. Appendix 2 - Independent Legal Advice: Certificates confirming that both parties have received independent legal advice

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