Pre Marriage Financial Agreement

Pre Marriage Financial Agreement Template for Denmark

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Document background

The Pre-Marriage Financial Agreement is a crucial legal document used in Denmark when two individuals wish to establish clear financial arrangements before entering into marriage. It is particularly relevant for couples where one or both parties have significant assets, business interests, inheritance expectations, or children from previous relationships. The agreement must comply with Danish matrimonial law, specifically the Danish Marriage Act and Matrimonial Property Act, and requires formal registration to be legally valid. It typically includes detailed provisions about separate property (særeje), community property (fælleseje), future acquisitions, pension rights, and inheritance considerations. This type of agreement is especially important in protecting family businesses, ensuring clear asset division, and providing certainty about financial arrangements throughout the marriage and in case of its dissolution.

Suggested Sections

1. Parties: Identification and details of both parties entering into the agreement

2. Background: Context of the agreement, including the intended marriage date and general purpose of the agreement

3. Definitions: Key terms used throughout the agreement, including specific Danish legal terminology

4. Separate Property Provisions: Declaration and details of assets that will remain separate property (særeje)

5. Community Property Provisions: Specification of assets that will be considered community property (fælleseje)

6. Future Assets: Treatment of assets acquired after marriage, including inheritance and gifts

7. Pensions and Insurance: Arrangements regarding pension rights and insurance policies

8. Debt Obligations: Treatment of existing and future debts of both parties

9. Modification Provisions: Circumstances and procedures for modifying the agreement

10. Governing Law: Confirmation of Danish law application and jurisdiction

11. Signatures and Attestation: Formal execution requirements including notarization and registration details

Optional Sections

1. International Assets: Required when either party has significant assets outside Denmark, addressing international property rights and jurisdiction

2. Business Interests: Needed when either party owns or has interests in business enterprises

3. Children's Provisions: Required when either party has children from previous relationships, addressing inheritance rights

4. Compensation Arrangements: Optional provisions for compensation in case of marriage dissolution after a specified period

5. Intellectual Property Rights: Needed when either party has significant intellectual property assets

6. Family Heirlooms: Special provisions for family heirlooms or items of particular sentimental value

7. Death During Marriage: Special provisions modifying statutory inheritance rights in case of death during marriage

Suggested Schedules

1. Schedule A - Separate Property Inventory: Detailed list of each party's separate property at the time of agreement

2. Schedule B - Community Property Inventory: Detailed list of existing community property, if any

3. Schedule C - Debt Schedule: Comprehensive list of each party's existing debts and liabilities

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

5. Schedule E - Property Valuations: Professional valuations of significant assets mentioned in the agreement

6. Appendix 1 - Financial Disclosure: Comprehensive financial disclosure statements from both parties

7. Appendix 2 - Legal Certificates: Copies of relevant legal certificates and registrations

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Pre Marriage Financial Agreement Template for Denmark

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