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Cohabiting Agreement

Cohabiting Agreement Template for Denmark

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Cohabiting Agreements

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Document background
Cohabiting Agreements have become increasingly important in Denmark as more couples choose to live together without marriage. These agreements address a crucial legal gap, as Danish law doesn't provide unmarried couples with the same automatic rights and protections as married couples. The document is essential for couples who want to establish clear legal frameworks for their living arrangement, financial commitments, and property rights. It typically includes provisions for shared expenses, property ownership, separation procedures, and optional elements such as inheritance arrangements or children's matters. The agreement should be drafted in compliance with Danish contract law and other relevant legislation, including property and inheritance laws. It's recommended to create this agreement at the beginning of cohabitation or when making significant joint investments, though it can be established at any time during the relationship.
Suggested Sections

1. Parties: Identification and details of the cohabiting partners

2. Background: Brief history of the relationship and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Duration and Commencement: When the agreement takes effect and its term

5. Living Arrangements: Details of shared residence and housing responsibilities

6. Financial Arrangements: Day-to-day financial responsibilities, shared expenses, and bill payments

7. Property Rights: Ownership and rights regarding shared and individual property

8. Bank Accounts and Savings: Management of joint and individual accounts

9. Separation Provisions: Process and arrangements in case of relationship breakdown

10. Dispute Resolution: Methods for resolving disagreements

11. Governing Law: Confirmation of Danish law application

12. Signatures: Execution section with witness requirements

Optional Sections

1. Children: Arrangements for existing or future children, used when partners have or plan to have children

2. Pets: Arrangements for pet ownership and care, included when couples have shared pets

3. Business Interests: Provisions regarding shared business ventures, used when partners have joint business interests

4. Inheritance Provisions: Specific inheritance arrangements, recommended when partners wish to provide for each other

5. Insurance Arrangements: Provisions for life, health, or property insurance, useful for long-term financial planning

6. Gifts and Loans: Treatment of significant gifts or loans between partners, included when relevant

7. Power of Attorney: Mutual powers of attorney for specific matters, optional for additional security

8. International Aspects: Special provisions for international couples or assets abroad

Suggested Schedules

1. Schedule A - Property Inventory: Detailed list of shared and individual property owned at agreement date

2. Schedule B - Financial Statement: Current financial position of both partners

3. Schedule C - Household Expenses: Breakdown of shared household expenses and contribution arrangements

4. Schedule D - Valuable Items: List of specific valuable items and their agreed ownership

5. Appendix 1 - Property Documentation: Copies of property titles, mortgages, or rental agreements

6. Appendix 2 - Financial Documentation: Copies of relevant bank statements, investment accounts

7. Appendix 3 - Insurance Policies: Copies of relevant insurance policies and beneficiary designations

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Relevant Industries
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Industries
Danish Contract Law (Aftaleloven): Fundamental law governing the formation and validity of contracts in Denmark, ensuring the cohabitation agreement meets basic contract requirements
Danish Property Law (Tinglysningsloven): Regulates property rights and registration, crucial for provisions regarding shared property and housing arrangements
Danish Inheritance Act (Arveloven): Important for including inheritance provisions, as cohabiting partners have no automatic inheritance rights unless specifically arranged
Danish Administration of Justice Act (Retsplejeloven): Relevant for enforcement provisions and dispute resolution mechanisms in the agreement
Danish Registration of Property Act (Tinglysningsafgiftsloven): Governs the registration of property rights and agreements affecting real estate
Danish Act on the Formation and Dissolution of Marriage (Ægteskabsloven): While not directly applicable, provides useful reference points for structuring financial and practical arrangements
Danish Children's Act (Børneloven): Relevant if the cohabiting agreement includes provisions regarding common children or future children
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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