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North Dakota Postnuptial Agreement

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Updated August 06, 2025

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.

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