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Post Prenup Agreement

Post Prenup Agreement Template for Denmark

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Post Prenup Agreement

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Document background
A Post Prenup Agreement (also known as a post-nuptial agreement) in Denmark is utilized when married couples wish to establish or modify their property rights and financial arrangements after marriage. This document becomes particularly relevant when there are significant changes in financial circumstances, inheritance receipt, business ownership, or when couples want to modify their existing property regime. The agreement must strictly comply with Danish matrimonial property law, including the Danish Marriage Act and Property Formation Act, and requires proper execution and registration to be legally binding. It typically includes comprehensive details about asset division, debt allocation, pension rights, and special provisions for business interests or inherited property. Such agreements are especially important for high-net-worth individuals, business owners, or couples with international assets, as they provide clarity and legal certainty about property rights during marriage and in case of divorce or death.
Suggested Sections

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

2. Background: Context of the agreement, including date of marriage, current matrimonial property regime, and reasons for entering into the post-nuptial agreement

3. Definitions: Key terms used throughout the agreement, including definitions of separate property, community property, and other relevant legal concepts

4. Purpose and Scope: Clear statement of the agreement's objectives and scope under Danish law

5. Property Classification: Detailed classification of existing and future property as either separate or community property

6. Financial Obligations: Current and future financial responsibilities of each spouse, including debt allocation

7. Income and Earnings: Treatment of income, salaries, bonuses, and other earnings during the marriage

8. Property Rights and Division: Specific provisions for property division in case of divorce or death

9. Pension Rights: Treatment of pension rights and retirement benefits

10. Legal Requirements: Statements ensuring compliance with Danish legal requirements for post-nuptial agreements

11. Amendment and Termination: Conditions and procedures for modifying or terminating the agreement

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

13. Signatures and Witnessing: Formal execution requirements including notarization if required

Optional Sections

1. Business Ownership: Provisions regarding ownership and management of business interests, used when either spouse owns a business

2. Inheritance Expectations: Provisions regarding expected inheritances, used when substantial inheritances are anticipated

3. International Assets: Special provisions for assets located outside Denmark, used for couples with international holdings

4. Children's Provisions: Provisions regarding property set aside for children from previous marriages, used in blended families

5. Intellectual Property Rights: Provisions regarding intellectual property ownership, used when either spouse has significant IP assets

6. Family Gifts and Heirlooms: Special provisions for family gifts and heirlooms, used when protecting specific family assets

7. Digital Assets: Provisions regarding digital assets and cryptocurrencies, used when couples have significant digital holdings

8. Real Estate Management: Specific provisions for managing real estate properties, used when couples own multiple properties

Suggested Schedules

1. Schedule A - Current Assets: Comprehensive list of all current assets owned by both parties, including real estate, vehicles, and investments

2. Schedule B - Current Liabilities: Complete list of all current debts and financial obligations of both parties

3. Schedule C - Business Assets: Detailed inventory of business assets and interests owned by either party

4. Schedule D - Pension and Retirement Accounts: List of all pension arrangements and retirement accounts

5. Schedule E - Inherited Assets: Schedule of assets received through inheritance by either party

6. Schedule F - Pre-Marriage Assets: Inventory of assets owned by each party before the marriage

7. Appendix 1 - Property Valuations: Professional valuations of significant assets mentioned in the agreement

8. Appendix 2 - Financial Statements: Recent financial statements or tax returns relevant to the agreement

Authors

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Relevant legal definitions
Agreement
Parties
Marriage
Separate Property (Særeje)
Community Property (Fælleseje)
Matrimonial Property Regime
Pension Rights
Business Interests
Inherited Assets
Family Assets
Matrimonial Home
Personal Effects
Financial Assets
Investment Assets
Pre-Marriage Assets
Post-Marriage Assets
Income
Earned Income
Passive Income
Joint Property
Separate Debt
Joint Debt
Effective Date
Material Change
Force Majeure
Governing Law
Jurisdiction
Marital Estate
Business Day
Property Rights
Gift
Inheritance
Financial Obligations
Intellectual Property
Digital Assets
Family Heirlooms
Retirement Benefits
Capital Gains
Investment Returns
Professional Practice
Matrimonial Property Act
Registration Date
Valuation Date
Working Day
Danish Krone
Default Event
Termination Event
Clauses
Interpretation
Property Classification
Asset Division
Debt Allocation
Financial Obligations
Income Distribution
Pension Rights
Business Ownership
Inheritance Rights
Gift Treatment
Real Estate
Bank Accounts
Investment Assets
Intellectual Property Rights
Digital Assets
Tax Obligations
Death Provisions
Divorce Provisions
Property Valuation
Asset Registration
Amendment Procedures
Termination Rights
Dispute Resolution
Governing Law
Severability
Legal Compliance
Execution Requirements
Notice Requirements
Force Majeure
Entire Agreement
Representation and Warranties
Third Party Rights
Costs and Expenses
Registration Requirements
Confidentiality
Relevant Industries
Relevant Teams
Relevant Roles
Industries
Danish Marriage Act (Ægteskabsloven): Primary legislation governing marriage, divorce, and matrimonial agreements in Denmark. Provides the legal framework for creating and modifying agreements between spouses.
Danish Property Formation Act (Retsvirkningsloven): Regulates property relations between spouses, including rules about separate and community property, and the requirements for valid matrimonial property agreements.
Danish Administration of Justice Act (Retsplejeloven): Contains procedural rules relevant to the registration and enforcement of post-nuptial agreements, including court procedures if necessary.
Danish Contracts Act (Aftaleloven): Provides general principles of contract law that apply to the formal requirements and validity of the agreement, including provisions about consent and fairness.
EU Brussels II Regulation: Relevant for international couples, governing jurisdiction and recognition of matrimonial matters across EU member states.
Danish Registration of Property Act (Tinglysningsloven): Contains rules about the registration of property rights and agreements affecting real estate ownership between spouses.
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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