Antenuptial Agreement Template for Denmark

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Antenuptial Agreement

I need a Danish Antenuptial Agreement for my upcoming marriage in March 2025, with specific provisions to protect my family business interests and ensure they remain as separate property, including future business growth and intellectual property rights.

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What is a Antenuptial Agreement?

The Antenuptial Agreement is a crucial legal document used by couples planning to marry in Denmark who wish to establish clear property rights and financial arrangements that differ from the default marital property regime under Danish law. This document is particularly important for individuals with significant assets, business interests, inheritance expectations, or those entering second marriages. The agreement must comply with Danish legislation, particularly the Marriage Act (Ægteskabsloven) and Property Formation Act (Retsvirkningsloven), and requires formal registration with the Danish courts to be legally binding. It typically becomes relevant when parties wish to protect pre-existing assets, business interests, inheritance rights, or establish clear financial boundaries. The document can be especially important in cases involving family businesses, international assets, or complex financial structures.

What sections should be included in a Antenuptial Agreement?

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

2. Background: Context of the agreement, including the planned marriage date and general purpose of the agreement

3. Definitions: Key terms used throughout the agreement, including property classifications and relevant legal terms

4. Property Regime Selection: Declaration of the chosen property regime (separate property, partial separate property, or modified community property)

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

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

7. Debt Provisions: Treatment of existing and future debts, including liability and responsibility

8. Maintenance Obligations: Provisions regarding spousal maintenance during marriage and in case of divorce

9. Amendment and Termination: Conditions under which the agreement can be modified or terminated

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

11. Signatures and Witnessing: Formal execution requirements including notarization and registration details

What sections are optional to include in a Antenuptial Agreement?

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

2. Inheritance Rights: Specific provisions regarding inheritance rights, particularly relevant for couples with significant assets or existing children

3. International Assets: Special provisions for assets located outside Denmark, used when parties have international properties or investments

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

5. Gifts and Inheritances: Treatment of gifts and inheritances received during marriage, particularly important for expected substantial inheritances

6. Pension Rights: Specific arrangements regarding pension rights and retirement benefits, important for parties with significant pension assets

7. Intellectual Property: Provisions for intellectual property rights, used when either party has or expects to have significant IP assets

What schedules should be included in a Antenuptial Agreement?

1. Schedule A - Pre-marital Assets Inventory: Detailed listing and valuation of all assets owned by each party prior to marriage

2. Schedule B - Pre-marital Debts Schedule: Comprehensive list of all debts and liabilities of each party prior to marriage

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

4. Schedule D - Property Valuations: Professional valuations of significant assets mentioned in the agreement

5. Schedule E - Pension Statements: Current pension and retirement account statements for both parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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