Marriage Financial Agreement Template for Denmark

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Marriage Financial Agreement

Document background

The Marriage Financial Agreement is a crucial document for couples in Denmark who wish to establish clear financial arrangements either before or during their marriage. This agreement, regulated under Danish law, particularly the Ægteskabsloven (Danish Marriage Act) and Retsvirkningsloven (Act on the Legal Effects of Marriage), allows couples to opt out of the default matrimonial property regime and create customized arrangements for their assets, debts, and financial obligations. The document is particularly relevant for couples with significant pre-marital assets, business interests, expected inheritances, or those entering second marriages. It must include comprehensive financial disclosures, be properly executed with independent legal advice, and comply with Danish legal requirements to be valid and enforceable.

Suggested Sections

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

2. Background: Context of the agreement, including whether it's pre-nuptial or post-nuptial, and the general intention of the parties

3. Definitions: Key terms used throughout the agreement

4. Property Regime Selection: Declaration of the chosen property regime under Danish law (separate property, partial separate property, or deferred community property)

5. Separate Property Provisions: Detailed provisions regarding what constitutes separate property for each spouse

6. Community Property Provisions: Provisions regarding any property that will be considered community property

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

8. Debts and Liabilities: Handling of existing and future debts, including personal and joint liabilities

9. Financial Disclosure: Acknowledgment of financial disclosure between parties

10. Modification and Termination: Conditions and procedures for modifying or terminating the agreement

11. Governing Law: Confirmation of Danish law as governing law and relevant jurisdiction

12. Legal Advice: Confirmation that both parties have received independent legal advice

13. Execution: Signing requirements and formalities under Danish law

Optional Sections

1. Business Interests: Specific provisions for handling business ownership and future business interests - used when either party owns or may establish a business

2. International Assets: Provisions for assets located outside Denmark - included when parties have or anticipate having foreign assets

3. Inheritance Rights: Specific provisions regarding inheritance rights between spouses - particularly important for couples with children from previous relationships

4. Pension Rights: Detailed provisions about pension rights and division - relevant when significant pension assets are involved

5. Residential Property: Specific provisions for the marital home - particularly important when one party owns the property pre-marriage

6. Children's Provisions: Provisions affecting children's future inheritance rights - used when there are children from previous relationships

7. Intellectual Property: Provisions for intellectual property rights - relevant for authors, artists, or inventors

8. Family Heirlooms: Special provisions for family heirlooms or inherited items of special significance

Suggested Schedules

1. Schedule A - Asset Inventory: Detailed list of each party's assets at the time of agreement

2. Schedule B - Liability Inventory: Detailed list of each party's debts and liabilities

3. Schedule C - Business Assets: Detailed inventory of business interests and valuations

4. Schedule D - Property Valuations: Professional valuations of significant assets

5. Schedule E - Financial Disclosures: Detailed financial statements from both parties

6. Schedule F - Pension Information: Details of pension arrangements and valuations

7. Appendix 1 - Independent Legal Advice Certificates: Certificates from lawyers confirming independent legal advice

8. Appendix 2 - Translation Certificate: Official translation certificate if agreement is in multiple languages

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