Typically, people who have scheduled their marriage are sure they will never have a hard time with their significant other involving court trials and splitting of property. However, sometimes good things come to an end, and spouses who plan to divorce regret they did not create the North Dakota prenuptial agreement form before the wedding day.
The primary function of prenuptial agreements (or premarital agreements, or prenups) is to set the rules between partners. These rules touch on their funds, debts, day-by-day costs, and any other issue that pertains to money or estate. While prenups determine all the conditions about cash and tangible items, they never address the topic of children’s lives. Find more information about this legal document here.
Usually, by these agreements, partners provide each other with detailed instructions on what to do if they split up, file for divorce, die, or face disability and incapability to act. Additionally, signatories can provide regulations for their relationships when they are in matrimony.
Suppose you are wondering why children are not mentioned in such agreements. In that case, there is an explanation: children’s future and alimony should be considered in court, and there are other legal forms that ex-partners sign to regulate such matters.
In the past century, prenuptial agreements were favored by wealthy people with many assets who had something to lose in case of divorce. However, today, these contracts are widely used even among people who have lower incomes. Usually, processes linked to divorce are harsh and time-consuming, and so are procedures that people face if their significant others pass away. The signed agreement can state the applicable property division rules in both cases.
If you have convinced your partner to sign the North Dakota prenuptial agreement form, you should ensure that the chosen template is relevant. We suggest using our advanced form-building software to download the required file and fill out the form effortlessly.
To legally create your own agreement, you have to learn about the current laws in North Dakota that set rules for such documents in the state. Here, we have included all the provisions you may need when forming your template.
North Dakota is on the list of American states that use the uniform act governing prenuptial agreements. Therefore, provisions on the topic are clear and easy to find. They are included in Title 14 of the North Dakota Century Code. Particularly, Sections 14-03.2-01–14-03.2-11 are relevant.
Only partners who have signed a prenup must sign the document in North Dakota. You have to call neither notary nor witnesses as per Section 14-03.2-05 of the North Dakota Century Code.
An agreement is enforceable if it is in writing (Section 14-03.2-05). According to Section 14-03.2-06, it becomes effective if:
Section 14-03.2-08 continues the topic of the agreements’ enforceability. In North Dakota, your prenup is unenforceable if either you or your partner:
Other restrictions are included in Section 14-03.2-09. They list the contract’s content that will be considered unenforceable, including terms that:
Subsection 5 of Section 14-03.2-08 includes the reasons for the court’s refusal to consider a prenup in North Dakota:
Your prenup can address matters tied to “marital rights or obligations” regarding rights to properties and their management, financial responsibilities, and spousal support. Prenups can set rules for various periods:
These details are given in Subsections 4 and 5, Section 14-03.2-01 of the North Dakota Century Code.
Your prenup cannot influence your child’s interests and alimony (Section 14-03.2-09).