Will and marriage contract
There can be several reasons for creating a prenuptial agreement. It is typically recommended to create a prenuptial agreement in the following cases:
One spouse or both are foreigners
The spouses want to secure themselves in the event of separation or divorce
The finances of the spouses are very different (e.g. one has gone bankrupt or has major financial problems)
One spouse has a business or a family fortune that he/she want to ensure
Often a prenuptial agreement is drawn up in connection with the creation of a will and the content of the two documents must be reconciled.
When creating a prenuptial agreement, there are many options. You can e.g. choose to have full or partial separate ownership, divorce or combined ownership.
The spouses can also choose that the inheritance and gift are separate property, while the rest of the property is joint property. You can also choose that only individual assets or a fraction or a sum of the assets should be separate property.
How is a marriage contract created?
I always recommend a meeting at my office, if possible. per telephone, where the wishes of the spouses are discussed. I then draw up a proposal for a prenuptial agreement which I send to the spouses for information and possibly comments.
REMEMBER! The prenuptial agreement must be registered. An unregistered marriage contract is invalid.
Property registration takes place digitally. This happens by posting the marriage contract on www.tinglysning.dk and then the spouses sign the marriage contract with your NemID. I guide how. Only when the land registration has been completed and approved by the land registration court is the marriage contract valid.