A Marriage Settlement Agreement is a crucial legal instrument under Danish law that enables couples to customize their property relations either before or during marriage. This document becomes particularly important when couples wish to deviate from the default community property regime established by Danish law, or when there are significant assets, international elements, or business interests involved. The agreement must be drafted in compliance with the Danish Marriage Act (脙茠芒鈧爂teskabsloven) and the Property of Spouses Act (Retsvirkningsloven), and requires mandatory registration with the Danish Personal Registry to be legally effective. It typically includes detailed provisions about asset division, inheritance rights modifications, pension rights, and treatment of future acquisitions. The agreement is especially relevant for couples with substantial assets, international connections, or complex financial arrangements.
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Key Requirements PROMPT example:
Marriage Settlement Agreement
I need a Marriage Settlement Agreement drafted for a Danish-American couple getting married in March 2025, where both parties want to maintain separate property regimes for their respective business assets while sharing the matrimonial home.
1. Parties: Identification of both spouses, including full legal names, addresses, and CPR numbers (Danish personal identification numbers)
2. Background: Context of the marriage settlement, including date of marriage or intended marriage, and general purpose of the agreement
3. Definitions: Key terms used throughout the agreement, including specific Danish legal terms and their meanings
4. Property Regime Selection: Clear statement of the chosen property regime (separate property, partial separate property, or modified community property)
5. Division of Assets: Detailed specification of how existing and future assets are to be characterized and divided
6. Financial Obligations: Treatment of debts, loans, and other financial obligations
7. Modifications to Statutory Regime: Specific deviations from the standard statutory regime under Danish law
8. Registration and Effectiveness: Provisions regarding the registration of the agreement with the Personal Registry and when it becomes effective
9. Governing Law: Confirmation that Danish law governs the agreement
10. Signatures: Formal execution section including dates and signatures of both parties
1. International Provisions: Required when one or both parties are non-Danish citizens or have international assets
2. Business Ownership: Needed when one or both spouses own business interests that need special treatment
3. Inheritance Provisions: Optional modifications to statutory inheritance rights between spouses
4. Pension Rights: Special provisions regarding pension rights and their treatment
5. Future Assets: Specific provisions for treatment of future inheritances, gifts, or other acquisitions
6. Dispute Resolution: Alternative dispute resolution procedures, if desired as an alternative to standard court proceedings
7. Language Provisions: Required when the agreement is bilingual or when parties need to specify which language version prevails
1. Schedule A - Separate Property of First Spouse: Detailed inventory and valuation of first spouse's separate property
2. Schedule B - Separate Property of Second Spouse: Detailed inventory and valuation of second spouse's separate property
3. Schedule C - Community Property: List and valuation of assets considered community property
4. Schedule D - Business Assets: Detailed description and valuation of business interests
5. Schedule E - Real Estate: Details of real estate ownership and registration numbers
6. Appendix 1 - Asset Valuations: Independent valuations of significant assets
7. Appendix 2 - Legal Advisor Certificates: Certificates confirming independent legal advice received by each party
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