Updated May 17, 2023
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A North Dakota prenuptial agreement is a contract between two future spouses that defines their individual debts and assets and dictates their preferences for property division upon divorce or death. Unless expressly waived, each party must provide a disclosure statement to the other that outlines the extent of their assets and debts. The couple will then designate rights to property, establish marital responsibilities, and create instructions for the management of other items such as a child’s inheritance or life insurance benefits. Note that the agreement may not affect one’s ability to support a child or violate the Uniform Premarital and Marital Agreements Act.
Signing Requirements (§ 14-03.2-05) – Both spouses are required by law to sign; notary public signature recommended.
Laws
- § 14-03.2-01 – Definitions
- § 14-03.2-02 – Scope
- § 14-03.2-03 – Governing law
- § 14-03.2-04 – Principles of law and equity
- § 14-03.2-05 – Formation requirements.
- § 14-03.2-06 – When agreement effective
- § 14-03.2-07 – Void marriage
- § 14-03.2-08 – Enforcement
- § 14-03.2-09 – Unenforceable terms
- § 14-03.2-10 – Limitation of action
- § 14-03.2-11 – Relation to Electronic Signatures in Global and National Commerce Act