Download North Dakota Marital Separation Agreement Form [PDF]

A North Dakota marital separation agreement form is a legal document that contains arrangements where married couples mutually agree to separate. It serves as a formal plan for the division of your assets, alimony, and other obligations. 

When validated by the court, a separation agreement creates a legal separation between spouses, but it is not final like divorce. Separated spouses are still legally married and cannot marry someone else.

Is a Separation Agreement Legal in North Dakota?

Yes, a separation agreement is legal in North Dakota. It serves as a legally binding contract between spouses that outlines the rules of separation.

Laws and Legal Requirements for a Marital Separation Agreement in North Dakota

The laws and legal requirements for a marital separation agreement in North Dakota are outlined in the state’s statutes and legal precedents.

Section 14.05.17 of the North Dakota Century Code states that a spouse, in order to file for separation, must be a resident of the state for at least six months before the process begins.

Section 14.07.07 of the North Dakota Century Code states that for a separation agreement to be valid, both spouses must agree to separation in writing. They can also agree on matters like spousal and child support.

Signing Requirements for a Marital Separation Agreement in North Dakota

The signing requirements for a marital separation agreement in North Dakota are that the document needs to be in writing, and the signatures of both spouses are required for it to be valid. Notarization is not needed, but it adds an extra layer of protection.

What Does a Marital Separation Agreement in North Dakota Cover?

A marital separation agreement in North Dakota covers various areas of a married couple’s separation. An important area that must be addressed in a separation agreement if children are part of the marriage is custody.

Spouses must decide who will take care of the children, and the decision must be made with the children's well-being in mind. Additionally, a visitation schedule should be created for a spouse without custody to involve both parents in raising children.

Another important area to include in a separation agreement template is marital property. Everything gained in marriage needs to be divided fairly in the separation process. Real estate, personal belongings, or vehicles are part of the agreement.

However, it is important to mention that some matters should not be part of the separation process, such as relationships after separation, religious issues, or future inheritance.