Spousal Agreement Template for Denmark

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Spousal Agreement

Document background
The Spousal Agreement is a fundamental legal document used in Denmark to establish and regulate property and financial relationships between married couples or those planning to marry. It becomes particularly important when parties wish to deviate from the default marital property regime under Danish law, or when there are significant assets, business interests, or inheritance considerations to address. This document must comply with Danish legislation, particularly the Marriage Act and Legal Effects of Marriage Act, and requires proper registration with Danish authorities to be legally valid. The agreement typically covers various aspects including property division, debt obligations, inheritance rights, and financial responsibilities, making it essential for proper family wealth planning and asset protection. It's commonly used when there are substantial assets involved, business ownership considerations, or when couples desire clarity about their financial arrangements within marriage.
Suggested Sections

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

2. Background: Context of the agreement, including marriage date (or intended date) and general purpose of the agreement

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

4. Property Regime: Declaration of the chosen property regime (separate property, shared property, or combination) and its scope

5. Pre-Marriage Assets: Detailed listing and treatment of assets owned by each spouse before marriage

6. Future Assets: Agreement on how assets acquired during marriage will be treated

7. Debt Obligations: Treatment of existing and future debts, including individual and joint liabilities

8. Gifts and Inheritance: Treatment of gifts and inheritances received during marriage

9. Maintenance Obligations: Agreements regarding financial support during marriage and in case of separation

10. Amendments: Process for making changes to the agreement

11. Governing Law: Confirmation that Danish law governs the agreement

12. Execution Requirements: Formal requirements for validity, including notarization and registration with Danish authorities

Optional Sections

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

2. International Assets: Special provisions for international property or assets, used when couples have assets in multiple jurisdictions

3. Children's Provisions: Arrangements regarding children's financial security, used when couples have or plan to have children

4. Pension Rights: Specific arrangements regarding pension rights and retirement benefits, used when significant pension assets exist

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

6. Death Provisions: Special arrangements in case of death, used when couples want to modify standard inheritance rules

7. Divorce Consequences: Specific arrangements in case of divorce, used when couples want to pre-agree certain divorce terms

Suggested Schedules

1. Schedule 1: Asset Inventory: Detailed list of all assets owned by both parties at the time of agreement

2. Schedule 2: Debt Inventory: Detailed list of all debts and liabilities of both parties

3. Schedule 3: Business Valuations: Professional valuations of any business interests owned by either party

4. Schedule 4: Property Certificates: Official documentation of real estate ownership and valuations

5. Schedule 5: Financial Accounts: List of bank accounts, investments, and other financial instruments

6. Appendix A: Required Forms: Standard Danish legal forms required for registration of the agreement

7. Appendix B: Property Registration Documents: Documents required for registration of property arrangements

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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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