Pre Marriage Agreement

Pre Marriage Agreement Template for Denmark

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Document background

The Pre-Marriage Agreement is a crucial legal document for couples planning to marry in Denmark who wish to establish clear property rights and financial arrangements that differ from the default Danish matrimonial property regime. This agreement is particularly important for individuals with significant assets, business interests, expected inheritances, or international property holdings. The document must comply with Danish law, specifically the Marriage Act (Ægteskabsloven) and Marriage Property Act (Retsvirkningsloven), and requires mandatory registration with the Danish Personal Registry. It typically includes comprehensive details about asset division, inheritance rights, business interests, and future financial arrangements. The agreement is especially relevant when one or both parties wish to protect pre-existing assets, business interests, or ensure specific inheritance arrangements for children from previous relationships.

Suggested Sections

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

2. Background: Statement of the parties' intention to marry, confirmation that both parties have received independent legal advice, and acknowledgment of the agreement's purpose

3. Definitions: Key terms used in the agreement, including definitions of separate property (særeje), community property (fælleseje), and other relevant legal terms

4. Property Regime: Declaration of the chosen property regime (e.g., complete separation of property or modified community property)

5. Pre-Marital Assets: Detailed listing and categorization of assets owned by each party before marriage

6. Future Assets: Provisions regarding the treatment of assets acquired after marriage

7. Gifts and Inheritance: Treatment of gifts and inheritances received during marriage

8. Debts and Liabilities: Handling of existing and future debts and financial obligations

9. Termination: Circumstances under which the agreement can be terminated or modified

10. Governing Law: Confirmation that the agreement is governed by Danish law

11. Registration: Provisions regarding registration of the agreement with the Danish Personal Registry

Optional Sections

1. Business Interests: Specific provisions for handling business assets and future business ventures, used when either party owns or plans to own a business

2. Intellectual Property: Provisions regarding intellectual property rights, used when either party has significant IP assets

3. Pension Rights: Specific arrangements regarding pension rights and retirement benefits, used when parties want to deviate from standard rules

4. Real Estate: Detailed provisions for handling real estate property, used when parties own or plan to acquire significant real estate

5. International Assets: Provisions for assets located outside Denmark, used when parties have international investments or properties

6. Children's Provisions: Provisions regarding financial arrangements for existing or future children, used when relevant to the parties' situation

7. Spousal Maintenance: Provisions regarding post-divorce maintenance, used when parties want to establish specific arrangements

8. Death During Marriage: Special provisions regarding property division in case of death during marriage, used when parties want specific arrangements different from statutory rules

Suggested Schedules

1. Schedule A - Pre-Marital Assets of First Party: Detailed inventory and valuation of all assets owned by the first party before marriage

2. Schedule B - Pre-Marital Assets of Second Party: Detailed inventory and valuation of all assets owned by the second party before marriage

3. Schedule C - Joint Assets: List and valuation of any assets jointly owned by the parties before marriage

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

5. Schedule E - Real Estate Documentation: Details of any real estate owned by either party, including valuations and mortgage information

6. Appendix 1 - Legal Certificates: Copies of required legal certificates and proof of independent legal advice

7. Appendix 2 - Asset Valuations: Independent valuations of significant assets mentioned in the agreement

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