North Dakota Prenuptial Agreement Form

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 Prenup Laws and Requirements

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.

Signing Requirements

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.

Enforceability

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:

  • Both parties have signed it.
  • Both parties have married each other.

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:

  • Have signed the paper involuntarily.
  • Have had no access to the lawyers’ representation before the contract’s signing or have not provided the waiver of rights to have such a representation.
  • Have not disclosed your financial situation properly before signing the form.

Other restrictions are included in Section 14-03.2-09. They list the contract’s content that will be considered unenforceable, including terms that:

  • Affect children and their support.
  • Do not allow parties to file for divorce or legal separation and promise punishment for that.
  • Violate the court’s potential decisions regarding parties’ separation.
  • Do not allow parties to seek a remedy in court in case of domestic abuse.

Court Refusal

Subsection 5 of Section 14-03.2-08 includes the reasons for the court’s refusal to consider a prenup in North Dakota:

  • Contract’s unconscionability. The court will define if the agreement or any of its conditions are unconscionable or not.
  • Significant hardship for any of the parties. If the agreement makes one party’s financial situation unbearable because the party’s circumstances have changed, the court may refuse to accept some agreement’s terms.

What Prenups Can Cover

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:

  • During the matrimony
  • After a divorce
  • After the spouse’s death.

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).

Published: Feb 25, 2021