Marital Settlement Agreement (No Children) - North Dakota

MARITAL SETTLEMENT AGREEMENT (NO CHILDREN)

State of North Dakota

Table of Contents

1. Parties and Recitals
2. Jurisdictional Facts
3. Division of Real Property
4. Division of Personal Property
5. Division of Financial Accounts and Retirement
6. Allocation of Debts and Liabilities
7. Spousal Support
8. Insurance Provisions
9. Tax Matters
10. Mutual Releases and Waivers
11. General Provisions
12. Execution and Acknowledgment

1. Parties and Recitals

This Marital Settlement Agreement ("Agreement") is entered into on [__/__/____] by and between:

Plaintiff: [________________________________] ("Plaintiff")
Date of Birth: [__/__/____]
Address: [________________________________]

Defendant: [________________________________] ("Defendant")
Date of Birth: [__/__/____]
Address: [________________________________]

RECITALS:

A. The parties were lawfully married on [__/__/____] in [________________________________] (city/county, state).

B. The Plaintiff has in good faith been a North Dakota resident for [at least six (6) months immediately before commencement of this action / fewer than six months before commencement and will have been a resident for six (6) months immediately before entry of the decree], as required by N.D.C.C. § 14-05-17.

C. There exist irreconcilable differences between the parties, which make continuation of the marriage impossible (N.D.C.C. § 14-05-03).

D. There are NO minor children born of or adopted during this marriage, and neither party is currently pregnant.

E. Both parties have made full and complete disclosure of all assets, debts, income, and financial obligations.

F. Both parties enter this Agreement voluntarily, without fraud, duress, or undue influence.

2. Jurisdictional Facts

The parties confirm that: (a) the Plaintiff satisfies the selected residence route in N.D.C.C. § 14-05-17, either six (6) months of good-faith North Dakota residence immediately before commencement or, if that period was not complete at commencement, six (6) months immediately before entry of the decree; (b) the District Court of [________________________________] County, North Dakota has jurisdiction; and (c) the dissolution is sought on the ground of irreconcilable differences (N.D.C.C. § 14-05-03).

3. Division of Real Property

3.1 Marital Residence:
Property Address: [________________________________]
Legal Description: [________________________________]
Current Estimated Value: $[________________________________]
Outstanding Mortgage Balance: $[________________________________]
Equity: $[________________________________]

☐ The marital residence shall be awarded to [Plaintiff / Defendant].
☐ The marital residence shall be listed for sale within [____] days, with net proceeds divided as follows: [________________________________].
☐ The party retaining the residence shall refinance the mortgage within [____] days to remove the other party's name.

3.2 Additional Real Property:
[________________________________]

3.3 Valuation Date: The parties agree that the valuation date for all marital property and debt is [__/__/____].

4. Division of Personal Property

4.1 Personal property has been divided by mutual agreement. Each party shall retain all personal property currently in their possession unless otherwise specified herein.

4.2 Specific Items Awarded to Plaintiff:
[________________________________]

4.3 Specific Items Awarded to Defendant:
[________________________________]

4.4 Motor Vehicles:

5. Division of Financial Accounts and Retirement

5.1 Bank Accounts:

5.2 Retirement / Pension Accounts:

☐ A Qualified Domestic Relations Order (QDRO) shall be prepared to effectuate the division of the following accounts: [________________________________].

5.3 Investment and Brokerage Accounts:
[________________________________]

6. Allocation of Debts and Liabilities

6.1 Each party shall assume and hold harmless the other party from the following debts:

Debts Assumed by Plaintiff:

Debts Assumed by Defendant:

6.2 Each party shall indemnify and hold the other harmless from any liability arising from the debts they have assumed.

7. Spousal Support

☐ No Spousal Support. Each party waives any claim for spousal support, now and in the future.

☐ Spousal Support Awarded. [Plaintiff / Defendant] shall pay to [Plaintiff / Defendant] the sum of $[________] per month, beginning [__/__/____] and continuing for a period of [____] months/years, or until the occurrence of any of the following:

• Death of either party
• Remarriage of the receiving party
• Further order of the court

☐ Rehabilitative Support. [Plaintiff / Defendant] shall pay to [Plaintiff / Defendant] the sum of $[________] per month for [____] months to allow the recipient to obtain education, training, or employment sufficient for self-support.

☐ Lump-Sum Payment. [Plaintiff / Defendant] shall pay [Plaintiff / Defendant] a lump sum of $[________] within [____] days of entry of the decree.

8. Insurance Provisions

8.1 Health Insurance:
☐ Each party shall be responsible for obtaining and maintaining their own health insurance upon entry of the final decree.
☐ [Plaintiff / Defendant] shall maintain health insurance coverage for [Plaintiff / Defendant] for a period of [____] months following entry of the decree.

8.2 Life Insurance:
☐ Not applicable.
☐ [Plaintiff / Defendant] shall maintain a life insurance policy with a minimum death benefit of $[________] naming [Plaintiff / Defendant] as beneficiary for the duration of any spousal support obligation.

9. Tax Matters

9.1 Tax Returns for Current Year:
☐ The parties shall file a joint federal and state income tax return for the tax year [____] and shall divide any refund or liability as follows: [________________________________].
☐ Each party shall file separately for the tax year [____].

9.2 Prior Year Obligations: Each party shall be responsible for [____]% of any tax liability, penalties, or interest arising from jointly filed returns for the years [____] through [____].

9.3 Indemnification: Each party shall indemnify and hold the other harmless from any tax liability attributable to the indemnifying party's income or deductions.

10. Mutual Releases and Waivers

10.1 Except as expressly set forth in this Agreement, each party hereby releases the other from any and all claims, demands, obligations, and causes of action of any nature, known or unknown, arising out of the marital relationship.

10.2 Each party waives any right to share in the estate of the other, including but not limited to elective share, homestead, and exempt property rights under North Dakota law, except as specifically provided in this Agreement.

10.3 Each party shall execute any documents necessary to effectuate the transfers and releases contemplated by this Agreement within [____] days of execution.

11. General Provisions

11.1 Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations and understandings.

11.2 Modification. Property division provisions of this Agreement are generally not subject to modification. Spousal support may be modified upon a showing of materially changed circumstances.

11.3 Court Review. The parties acknowledge that the court has a duty to ensure the property settlement is fair and reasonable, and the court may reject or modify provisions found unconscionable (N.D.C.C. § 14-05-24).

11.4 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of North Dakota.

11.5 Severability. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

11.6 Incorporation into Decree. The parties request that this Agreement be incorporated into and made part of the final Decree of Divorce.

11.7 Voluntary Execution. Each party acknowledges they have read this Agreement, understand its terms, and sign it voluntarily.

11.8 Legal Representation.
☐ Plaintiff is represented by [________________________________].
☐ Plaintiff is self-represented and has been advised to seek independent legal counsel.
☐ Defendant is represented by [________________________________].
☐ Defendant is self-represented and has been advised to seek independent legal counsel.

12. Execution and Acknowledgment

PLAINTIFF:

Signature: ________________________________
Printed Name: [________________________________]
Date: [__/__/____]

DEFENDANT:

Signature: ________________________________
Printed Name: [________________________________]
Date: [__/__/____]

STATE OF NORTH DAKOTA
County of [________________________________]

Before me, the undersigned notary public, on this [____] day of [________________], [____], personally appeared [________________________________] (Plaintiff) and [________________________________] (Defendant), known to me or proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons executed the instrument.

WITNESS my hand and official seal.

Notary Public: ________________________________
My Commission Expires: [__/__/____]

NORTH DAKOTA STATE NOTES:

• North Dakota is an equitable distribution state; property is divided equitably, not necessarily equally (N.D.C.C. § 14-05-24).
• Courts apply the Ruff-Fischer guidelines to determine equitable distribution.
• Marital fault MAY be considered in both property division and spousal support determinations.
• Spousal support is awarded for a limited period of time; there is no fixed formula (N.D.C.C. § 14-05-24.1).
• The court has a duty to ensure the property settlement is fair and reasonable.
• Valuation date is mutually agreed upon or 60 days before the initially scheduled trial date.
• The court may rewrite a property settlement for mistake, duress, menace, fraud, or undue influence.
• Residence requirement: the Plaintiff must have been a good-faith North Dakota resident for six (6) months immediately before commencement, or, if that period was incomplete at commencement, for six (6) months immediately before entry of the decree (N.D.C.C. § 14-05-17).

Sources and References:

• N.D.C.C. Chapter 14-05 — Divorce (PDF)
• North Dakota Divorce — Dividing Property
• North Dakota Spousal Support Guide — Fremstad Law