Prenuptial Agreement With Foreign Spouse

Prenuptial Agreement With Foreign Spouse Template for Denmark

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Document background

A Prenuptial Agreement With Foreign Spouse is essential when a Danish resident plans to marry a foreign national, requiring careful consideration of both Danish law and international legal implications. This document is typically used when couples want to establish clear property rights, protect pre-existing assets, or create certainty regarding financial arrangements in an international context. The agreement must comply with Danish law, particularly the Danish Marriage Act and Property Formation Act, while considering potential cross-border enforcement issues. It should include detailed provisions about existing and future assets, debt obligations, and property regimes, with special attention to international elements such as foreign property and overseas income. The document requires proper execution, including certified translations when necessary, and must be registered with Danish authorities to be legally valid.

Suggested Sections

1. Parties: Identification of both spouses, including full legal names, addresses, nationalities, and personal identification numbers (CPR numbers if applicable)

2. Background: Context of the agreement, including the planned marriage date, residency intentions, and acknowledgment of the international nature of the marriage

3. Definitions: Key terms used in the agreement, including specific Danish legal concepts and their equivalents in the foreign spouse's jurisdiction

4. Governing Law and Jurisdiction: Specification of Danish law as governing law and Danish courts' jurisdiction, with reference to relevant international regulations

5. Property Regime: Declaration of the chosen property regime (typically separate property regime - særeje) and its scope

6. Pre-Marriage Assets: Detailed specification of assets owned by each party before marriage and their status under the agreement

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

8. Debt Obligations: Handling of existing and future debts, including personal and joint liabilities

9. Termination Provisions: Circumstances under which the agreement can be modified or terminated

10. Legal Advice Confirmation: Acknowledgment that both parties have received independent legal advice and understand the agreement's implications

Optional Sections

1. Business Interests: Specific provisions for business ownership and future business interests, used when either party owns or plans to own a business

2. Children's Provisions: Provisions regarding existing children from previous relationships, used when either party has children

3. Inheritance Arrangements: Specific provisions about inheritance rights, used when parties want to modify standard inheritance rules

4. Pension Rights: Treatment of pension rights and retirement benefits, particularly relevant for international couples with pensions in multiple countries

5. Property in Other Jurisdictions: Specific provisions for property located outside Denmark, used when parties own foreign assets

6. Cultural or Religious Requirements: Specific provisions to accommodate cultural or religious marriage requirements, used when relevant to the parties

7. Language Provisions: Provisions regarding official translations and controlling language version, used when one party isn't fluent in Danish

Suggested Schedules

1. Schedule A - Pre-Marriage Assets: Detailed inventory of each party's assets and their values at the time of agreement

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

3. Schedule C - Business Assets: Detailed description of business interests and their agreed treatment

4. Appendix 1 - Asset Valuations: Professional valuations of significant assets mentioned in Schedule A

5. Appendix 2 - Legal Certificates: Copies of relevant legal documents (e.g., property titles, business registrations)

6. Appendix 3 - Translations: Certified translations of the agreement in relevant languages

7. Appendix 4 - Legal Opinions: Legal opinions regarding enforceability in relevant jurisdictions

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Prenuptial Agreement With Foreign Spouse Template for Denmark

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