Marital property agreements (ægtepagt) and separate property: what to know before you marry

What is a marital property agreement (ægtepagt)?

An ægtepagt is an agreement between spouses (or spouses-to-be) about the property regime in the marriage. Without one, spouses have community of property (formuefællesskab), which means the assets are split equally on divorce.

An ægtepagt can be created both before and during the marriage.

Types of separate property (særeje)

Full separate property (fuldstændigt særeje)

The entire estate is kept apart. On divorce, each spouse keeps their own assets.

Partial separate property (delvist særeje)

Only certain assets (for example a business or a property) are made separate property, while the rest remains community property. Separate property does not have to cover the whole estate.

Combined separate property (kombinationssæreje)

A combination of divorce-only and full separate property. On divorce each spouse keeps their own, and on death the survivor's own estate becomes full separate property, while the first deceased's share can enter the division. It is often the preferred choice, because it both protects you on divorce and protects the surviving spouse on death.

Divorce-only separate property (skilsmissesæreje)

The estate is separate property on divorce, but community property on death. A popular choice, as it protects both parties in different situations.

When is an ægtepagt a good idea?

• You own a business and want to protect it on divorce
• You have significant assets before the marriage
• You have inherited or expect to inherit
• You have very different levels of wealth
• You want to protect assets for children from a previous relationship

Requirements for a valid ægtepagt

For an ægtepagt to be valid in Denmark, it must:

1. Be in writing
2. Be signed by both spouses
3. Be registered (tinglyst) in the Personal Register (Personbogen, at Tinglysningsretten)

An ægtepagt that is not registered is invalid. The registration fee is DKK 1,850 (2026).

Can an ægtepagt be changed?

Yes. Spouses can always create a new ægtepagt that amends or revokes the existing one. The new ægtepagt must also be registered to be valid.

Create your ægtepagt with LegalDock

With LegalDock you can create a professional ægtepagt in minutes. Our template guides you through all the necessary terms and makes it easy to choose the right type of separate property for your situation.