However, if only one of you is a Danish citizen or resides in Denmark and the other spouse is a foreigner, you have the choice whether or not you want Danish law to be applied to your marriage. You just have to express it in the marriage contract, which is included in the Legal Desk version for a valid reason. If you have any doubts about the national law that applies to your marriage, you can read more here. If you do not have a marriage contract with The Separation of Property, Danish inheritance law applies to the common property, so in the event of divorce or death of one or both spouses, you will have to divide everything. Q. Can a prenuptial agreement protect us from my spouse`s ex asking for more child support? Create here your marriage contract with English translation However, the law on common property is repealed in favor of a marriage contract with absolute separation of property. This means that the spouse`s property is not divided – neither by divorce nor by death. The law on co-ownership is only partially lifted with a marriage contract with a combination of separate property. In this case, the spouse`s property is not divided by divorce (as in the case of absolute separation of property).
However, after the death of one of the spouses, the property of the deceased becomes common property, and the remaining property of the spouse continues to be considered as absolute separate property. The formal marriage contract (whether concluded before or after the marriage) must be registered in the land register (in Danish “Tinglysning”). If the contract is not registered, it is not valid and therefore has no legal effect. It is therefore not enough for both parties to simply sign the document. Q. Can a temporary contract be concluded alone after marriage without a lawyer? It is up to you to decide what the marriage contract should include. With this prenuptial agreement, you can choose between the following options: If you only need a marriage contract in Danish, you can find it here To avoid this, it would be advisable to have a prenuptial contract to protect the property you owned before your marriage. This protects you and your property from creditors who come after you to collect your fiancé`s prenuptial debts. Drafting a marriage contract – ægtepagt can be important from the point of view of family life. The agreement can be signed before and during the wedding. After receiving the marriage contract, he must be registered in the land register.
Please note that the prenup will not be valid until it is registered – it is not enough for you both to sign the document. With Legal Desk, you have the choice whether the marriage contract expires over time or is limited in time. For example, you may decide that the marriage contract must expire by 10% each year until the separated assets have been dissolved (after 10 years) or the separated assets expire on a certain date, for example. B if you have been married for 20 years. There are two types of separation of property: absolute separation (in Danish “Fuldstændigt særeje”) and combination of separate property (in Danish “Kombinationssæreje”). These are also the two types of separation that you can choose from the online form if you conclude the marriage contract in English. R. Couples who plan to marry children on one or both sides should adopt a reasonable prenup and succession plan before marriage to support the children in any future scenario. A prenuptial agreement that keeps property strictly separated makes sense because it can keep it out of the reach of your spouse`s ex, who is asking for an increase in child support based on the assets you bring to the family. Depending on the state of residence, a prenup can lead to savings in child support because your spouse`s balance sheet is not inflated by your income. When you fill out the form, you can choose whether the legal office should take care of the registration or if you want to use our guide for the registration of marriage contracts. One.
As long as the property is separated, the property belonging to a person before his marriage may belong exclusively to that person. When the new spouse begins to contribute to mortgage payments or improvements, ownership issues become complicated. To avoid this uncertainty, a written agreement can be made between you and your spouse stating in writing that your new spouse agrees to pay reasonable rent to become your tenant. It is also explicitly stated that you are still the owner of the property. Since the marriage contract usually governs the property of the spouses, it is not necessary to list the personal belongings of each of you and your partner. In addition, the marriage contract does not prevent you from sharing things. For example, if you buy a house together, your respective shares in the house are part of your separate personal property. Please note that this marriage contract can only be used if your marriage is subject to Danish property laws. It is therefore not enough for both parties to simply sign the document. If you only need a marriage contract in Danish, you can find it here to avoid this, it would be advisable to have a prenuptial contract to protect the property you owned before your marriage. This protects you and your property from all creditors who come to collect your fiancé`s prenuptial debt. The cost of registering a marriage contract is DKK 1,660.
The right to public property is only partially abandoned with a marriage contract that combines separate property. In this case, the property of the spouses is not divided by divorce (as in the case of absolute separation of property). However, after the death of a spouse, the estate of the deceased becomes co-ownership and the remaining property of the spouse remains considered as an absolute individual inheritance. Drafting a marriage contract – ægtepagt can be important from a family life perspective. The agreement can be signed before and during the wedding. A man and his wife were both from Pakistan. They were married in 1988 in an Islamic cultural center in Denmark. According to the marriage contract, the husband had to pay DKK 25,000 as a “dowry”. As part of their separation in 2001, the wife demanded that her husband be ordered to pay the amount. It was believed that it was the pakistan “mahr” that the husband had to pay to his wife on the occasion of their marriage and that had to be paid no later than the time of their divorce.
The Eastern High Court held that, under Danish law, such payment should be regarded as a gift the validity of which required a marriage contract, unless it could be regarded as an ordinary gift which was not disproportionate to the donor`s conditions. The gift has been declared invalid. Note that the registration is not complete until you both sign the document with NemID. If you or your spouse do not have a CPR number and therefore do not have a NemID to sign the document, you can ask the legal department to sign it for you. Just select it in the form, and a power of attorney for registration will be sent to you with the prenuptial agreement. To learn more about the power of attorney, click here. The person without NemID then signs the power of attorney, and then Legal Desk takes care of the entire registration process. However, the spouses to whom the Nordic Marriage Convention applies may, inter alia, agree that the law of a Contracting State in which one of them has his habitual residence or of which one of the spouses is a national at the time of conclusion of the contract shall apply to their property relations. This choice of law shall apply as regards its form if, at the time of its conclusion, it fulfilled the formal conditions of the law applicable under the Convention to the financial situation of the spouses or the formal conditions laid down by the law of the Contracting State of which both spouses or one of the spouses were nationals. If this Act does not contain formal requirements for choice of law agreements, the validity of such an agreement shall be governed by the formal requirements applicable to agreements between spouses on separate property. Danish law does not lay down formal requirements for the choice of applicable law agreements. (Nordic Convention on Marriage, Amending Agreement, 2006) If you want to have separate property in your marriage, you need to sign a marriage contract.
It can be quite difficult to agree with their partner on the extent of the separated property – but if part of the couple belongs to another nationality, there are other aspects that must be clear: however, Danish courts tend to make arbitral awards different from the provisions of the marriage contract if the contract terms are unfair, especially if the marriage was long and the contract withdrew all the capital of the spouses from the matrimonial community of property. .