Prenuptial Contract

Prenuptial Contract Template for Denmark

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Document background

A Prenuptial Contract under Danish law serves as a crucial legal instrument for couples planning to marry who wish to establish clear property rights and financial arrangements that deviate from the default marital property regime in Denmark. This document becomes particularly important when either party brings substantial assets to the marriage, owns a business, expects significant inheritance, or wishes to protect specific property rights. The agreement must comply with Danish legal requirements, including registration with the proper authorities (tinglysning), and can cover aspects such as separate property arrangements, business interests, pension rights, and inheritance provisions. The contract is governed by Danish law, specifically the Marriage Act (Ægteskabsloven) and the Property of Spouses Act (Retsvirkningsloven), and requires careful consideration of both current assets and future financial arrangements.

Suggested Sections

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

2. Background: Brief context about the upcoming marriage and the parties' intention to regulate their financial affairs

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

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

5. Separate Property Provisions: Detailed specification of assets and property that will remain separate property of each spouse

6. Community Property Provisions: Specification of any assets that will be considered community property, if applicable

7. Future Assets: Provisions regarding the treatment of future acquisitions, inheritances, and gifts

8. Debt Provisions: Regulations regarding existing and future debts, including liability and responsibility

9. Modification Terms: Conditions and procedures for modifying the agreement in the future

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

11. Signatures and Attestation: Formal execution section including parties' signatures and necessary witness attestations

Optional Sections

1. Business Interests: Provisions regarding ownership and management of business interests, used when either party owns or may own a business

2. International Assets: Special provisions for assets located outside Denmark, required when parties have international property or investments

3. Inheritance Rights: Specific provisions regarding inheritance rights and waivers, particularly relevant for parties with children from previous relationships

4. Pension Rights: Provisions regarding pension rights and division, important for parties with significant pension assets

5. Compensation Claims: Provisions regarding potential compensation claims between spouses, relevant for couples with significant income disparities

6. Dispute Resolution: Specific procedures for resolving disputes, recommended for complex agreements or international couples

7. Living Arrangements: Provisions regarding shared housing and residence rights, relevant when one party owns the marital home

Suggested Schedules

1. Schedule A - Personal Property Inventory: Detailed list of each party's personal property and assets at the time of marriage

2. Schedule B - Business Assets: Detailed inventory of business interests and their agreed valuation

3. Schedule C - Real Estate: List and details of real estate owned by either party

4. Schedule D - Financial Assets: Inventory of bank accounts, investments, and other financial assets

5. Schedule E - Debts and Liabilities: List of each party's debts and financial obligations

6. Appendix 1 - Asset Valuations: Professional valuations of significant assets

7. Appendix 2 - Legal Certificates: Relevant legal certificates and documentation

8. Appendix 3 - Financial Statements: Recent financial statements for businesses or significant investments

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