Spousal Waiver

Spousal Waiver Template for Denmark

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Document background

A Spousal Waiver is a crucial legal instrument in Danish family law, typically utilized before marriage, during marriage, or in estate planning contexts. This document type is particularly relevant when spouses wish to deviate from the default property and inheritance rights established under Danish law. The Spousal Waiver must strictly comply with Danish legal requirements, including those set forth in the Marriage Act and related legislation. It's commonly used in situations involving business ownership, substantial inherited wealth, or complex family structures from previous marriages. The document must clearly specify which rights are being waived, acknowledge that both parties have received independent legal advice, and include all necessary formalities for validity under Danish law. The waiver can cover various rights including inheritance rights, pension rights, or rights to specific assets, but must be executed with full understanding and voluntary consent of both parties.

Suggested Sections

1. Parties: Identification of both spouses including full legal names, addresses, and civil registration numbers (CPR numbers)

2. Background: Context of the marriage/intended marriage, date of marriage if applicable, and general purpose of the waiver

3. Definitions: Key terms used in the document, including specific legal terms under Danish law

4. Scope of Waiver: Detailed description of the specific rights being waived, with reference to relevant Danish legislation

5. Acknowledgments: Confirmation that each party understands the implications of the waiver and has received independent legal advice

6. Representations and Warranties: Statements confirming the parties' capacity to enter into the agreement and that the waiver is made voluntarily

7. Governing Law: Confirmation that Danish law governs the waiver and its interpretation

8. Execution: Formal requirements for signing, including witness requirements under Danish law

Optional Sections

1. International Provisions: Required when either party has connections to other jurisdictions or owns assets abroad

2. Specific Asset Provisions: Used when the waiver relates to specific assets or property rights that need detailed description

3. Modification Terms: Included when parties want to specify conditions under which the waiver can be modified

4. Severability: Added when parties want to ensure partial invalidity doesn't affect the entire agreement

5. Language Provisions: Required when the document is prepared in multiple languages

6. Disclosure Provisions: Added when there's a need to document that full financial disclosure has been made

Suggested Schedules

1. Schedule of Assets: Detailed list of assets affected by the waiver, if applicable

2. Certificate of Independent Legal Advice: Formal confirmation from legal advisors that both parties received independent counsel

3. Translation Certificate: If document is in multiple languages, certification of accurate translation

4. Financial Disclosure Statement: Summary of financial positions of both parties at time of waiver

5. Witness Attestation: Formal attestation by witnesses as required under Danish law

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