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A North Dakota prenuptial agreement is a legal document that enables the parties who are about to get married to define their financial relationship. This document is often used when one of the future spouses has certain assets or liabilities they want to keep separate from the marital property.
However, the parties also use the prenuptial agreement after marriage to determine how the assets accumulated during the marriage will be divided between them in case of a divorce or separation. This can potentially save a lot of funds and time for the spouses and make the divorce procedure much simpler.
Laws and Legal Requirements for a Prenuptial Agreement in North Dakota
The laws and legal requirements for a prenuptial agreement in North Dakota are provided in Chapter 14-03.2 of the North Dakota Code, also called the Uniform Premarital and Marital Agreements Act.
Section 14-03.2-01 refers to the prenuptial agreement as the premarital agreement, and it defines it as:
“[...]an agreement between individuals who intend to marry which affirms, modifies, or waives a marital right or obligation during the marriage or at separation, marital dissolution, death of one of the spouses, or the occurrence or nonoccurrence of any other event. The term includes an amendment, signed before the individuals marry, of a premarital agreement.”
Signing Requirements for a Prenuptial Agreement in North Dakota
Section 14-03.2-05 provides that the prenuptial agreement must be made in record and signed by both parties to the agreement.
Although it’s not explicitly required by state law, the parties should also consider signing the prenuptial agreement in front of a notary public. The notary public will confirm the identities of both parties and acknowledge that they have personally signed the document. This will prevent potential disputes as well as potential fraudulent activities.
Prenuptial Agreement Enforcement in North Dakota
The prenuptial agreement form is deemed unenforceable if the party against whom enforcement is sought proves that:
Prenuptial Agreement Enforcement Conditions
They have signed the agreement involuntarily
They didn’t have a chance to consult their lawyer before signing the agreement
The agreement didn’t clearly indicate the changes that would be made to one of the partner’s rights (in case there was no lawyer that the party could consult)
The other party failed to provide complete or truthful information about their financial status
Moreover, if the agreement makes one of the parties eligible for support under a program of public assistance, the court can make such an agreement unenforceable. Plus, the court can also order the other party to support the party that would otherwise become eligible for support under a program of public assistance.
What Can a Prenuptial Agreement in North Dakota Cover?
The most common provisions that the prenuptial agreement template can cover include:
Provisions in a Prenuptial Agreement
The rights and obligations of each party in terms of their individual property
Right to buy, sell, lease, mortgage, exchange, and manage the property acquired during the marriage
Rules on marital property division in case of marriage separation, divorce, death, or other similar events
Matters connected to spousal support or alimony
Matters connected to the insurance policy of the spouses
However, the provisions of the prenuptial agreement cannot violate state law or public policies. The provisions regulating child support and limiting a remedy available to a victim of domestic violence under law cannot be included in the agreement.
Prenuptial Agreement in North Dakota: Validity Criteria
If the prenup agreement in North Dakota fails to meet the legal requirements regarding the formality of the document, it will be considered invalid. This includes the requirement of making the agreement in written form and having both parties sign it.
Moreover, the validity of the prenuptial agreement is connected to the validity of the marriage. The agreement will, therefore, be considered invalid if the parties don’t get married after signing it.