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North Dakota Postnuptial Agreement

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North Dakota Postnuptial Agreement

Updated March 27, 2024

A North Dakota postnuptial agreement is a contract between married persons to establish a plan for distributing their assets should their marriage end in divorce or death. In North Dakota, this type of agreement is typically called a marital agreement. Unlike premarital agreements, which married couples sign before marriage, couples sign a postnuptial agreement after marriage.

Without a prenuptial or postnuptial agreement, couples who get divorced will be subject to the state’s rules on property distribution in divorce proceedings when judges have considerable power to redistribute assets. North Dakota is one of a few states that treats postnuptial and prenuptial agreements the same.

Signing Requirements – A marital agreement must be in writing and signed by both parties.[1]

Laws

  • Definitions.[2]
  • Scope.[3]
  • Governing law.[4]
  • Principles of law and equity.[5]
  • Formation requirements.[6]
  • When agreement effective.[7]
  •  Void marriage.[8]
  •  Enforcement.[9]
  • Unenforceable terms.[10]
  • Limitation of action.[11]

Sources

  1. N.D. Cent. Code Ann. § 14-03.2-05
  2. § 14-03.2-01
  3. § 14-03.2-02
  4. § 14-03.2-03
  5. § 14-03.2-04
  6. § 14-03.2-05
  7. § 14-03.2-06
  8. § 14-03.2-07
  9. § 14-03.2-08
  10. § 14-03.2-09
  11. § 14-03.2-10