FAMILY LAW
Numerous milestones and circumstances in life lead us to seek expert assistance in making and documenting important decisions.
Births, deaths, weddings, divorces, cohabitation for more than 2 years, purchase or sale of dwelling are just some of the events that may have an impact on one’s family and hereditary affairs.
If you get married, it will affect both your and your spouse’s current assets, and it will also affect your inheritance and tax position. As a starting point, spouses share their assets as sharing wealth (previously known as joint ownership), but by creating a prenuptial agreement certain assets or parts of the property may be separate. There are different types of separate property – for example combination pledge and complete peculiarity – which may be relevant depending on the circumstances and one’s preferences.
If you enter into marriage or you get children, it also affects your inheritance. Spouses and children are forced heirs under the inheritance law, and part of the inheritance of a testator is earmarked as a forced inheritance to go to those heirs. It is important to pay attention to this and other rules in the law of succession when creating a will.
It can create great comfort and peace of mind for everyone in the family to get the relevant documents in place well in advance, so that clarity is ensured about the circumstances, when during a possible divorce a housing division must be made, or when deaths cause a division of property.
Certainty is comforting, both in the normal lifetime of the family and in crises surrounding deaths and divorces. If promises cannot be documented it may cause unnecessary harm. Once the damage has occurred, it can be very demanding to create a solution if the solution is not a foregone decision so we prompt our clients to take care of matters when all is good and the need seems the least.
Contact Flemming Keller Hendriksen at +45 70 90 90 60 for further information.