Denmark permits prenuptial agreements, and the formalities are relatively simple: the agreement must be in writing and registered with a district court, which then records it in the national register. Legal representation is not mandatory, although professional guidance is strongly recommended.
However, Danish courts maintain a significant fairness overlay. Even where the agreement is properly executed and registered, courts may deviate from its terms if enforcement would lead to an unjust result. This is especially common in long marriages or where the agreement effectively eliminates a spouse’s access to marital property.
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For clients in New York, San Francisco, and beyond, Elena Giannattasio and Multi-Jurisdictional Divorce, PLLC incorporate Danish fairness standards into broader cross-border strategy, ensuring agreements are drafted with both enforceability and equity in mind.
Foreign Law Disclaimer, Multi-Jurisdictional Divorce, PLLC
This overview concerns foreign law. Elena Giannattasio, Esq. is not admitted to practice in Denmark and does not advise on Danish Law. All information is provided strictly for general educational purposes and is not legal advice.