Free North Dakota Prenuptial Agreement Template

A North Dakota prenuptial agreement is an agreement between people who intend to marry that affirms, modifies, or waives marital rights or obligations. North Dakota’s Uniform Premarital and Marital Agreements Act governs agreements signed after July 31, 2013.

Chapter 14-03.2 of the North Dakota Century Code sets the rules.

A Signed Record

Under § 14-03.2-05, the agreement must be in a record and signed by both parties. That record can be on paper or stored electronically, and the agreement binds without consideration.

Four Ways to Defeat It

Section 14-03.2-08(1) lets the partner resisting enforcement prove any of these:

• Consent given involuntarily or under duress
• Lack of access to counsel, as the statute defines it
• Neither a lawyer nor the required notice or plain-language explanation
• Missing adequate financial disclosure before signing

Hardship and Unconscionability

In addition, a court may refuse to enforce a single term of a North Dakota prenuptial agreement. That applies if the term was unconscionable at signing. It also applies if enforcing the term would cause substantial hardship after a material change in circumstances.

Terms That Won’t Hold

Similarly, under § 14-03.2-09, a term is unenforceable if it adversely affects child support or limits domestic violence remedies. The same goes for terms that change the grounds for divorce or penalize a spouse for filing. Terms about parental rights don’t bind the court.

It depends on representation. Unless a partner had a lawyer at signing, the agreement needs a conspicuous notice or a plain-language explanation of the rights involved. The statute’s notice wording, which must appear in substantially similar form, reads:

“If you sign this agreement, you may be: Giving up your right to be supported by the person you are marrying or to whom you are married. Giving up your right to ownership or control of money and property. Agreeing to pay bills and debts of the person you are marrying or to whom you are married. Giving up your right to money and property if your marriage ends or the person to whom you are married dies. Giving up your right to have your legal fees paid.”

Meanwhile, disclosure has its own rule. A partner needs a reasonably accurate description and good-faith value estimate of the other’s property, debts, and income. Alternatively, they can waive more disclosure in a separate signed record or already have adequate knowledge of that information.

1. Allow time to find a lawyer. Each partner needs a reasonable chance to get advice.
2. Address fees if needed. The statute considers whether a partner could afford counsel.
3. Exchange financial estimates. Cover property, liabilities, and income.
4. Include the statutory notice. Display it conspicuously for any unrepresented partner.
5. Sign the record. Keep any disclosure waiver on its own signed page.

A North Dakota prenuptial agreement commonly covers:

• Property rights, including ownership and management
• Responsibility for debts
• Spousal support and attorney’s fees
• Rights at death or divorce
• The statutory waiver notice
• Signatures from both parties

Parenting terms won’t bind the court, and terms that limit domestic violence remedies or change divorce grounds won’t be enforced.