Prenuptial Agreement - North Dakota

PRENUPTIAL AGREEMENT

(North Dakota — Uniform Premarital and Marital Agreements Act, N.D.C.C. ch. 14-03.2)

TABLE OF CONTENTS

1. Document Header
2. Definitions

3. Operative Provisions
   3.1 Separate Property
   3.2 Property Acquired During Marriage
   3.3 Management, Control & Use of Property
   3.4 Debts & Liabilities
   3.5 Spousal Support / Maintenance
   3.6 Estate Planning Rights; Death Benefits
   3.7 Tax Matters
   3.8 Insurance

4. Representations & Warranties

5. Covenants & Ongoing Obligations
6. Statutory Enforcement Safeguards
7. Governing Law; Amendment; Effect
8. Execution and Required Notice
9. Exhibits & Schedules

1. DOCUMENT HEADER

Prenuptial Agreement (the “Agreement”) made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

(a) [FULL LEGAL NAME OF PARTY A], residing at [ADDRESS] (“Party A”); and
(b) [FULL LEGAL NAME OF PARTY B], residing at [ADDRESS] (“Party B”).

Recitals
A. The Parties contemplate a lawful marriage in the State of North Dakota on or about [WEDDING DATE] (the “Marriage”).
B. Each Party possesses separate property, expects to acquire additional property, and wishes to define rights and obligations with respect to such property, income, and liabilities.
C. The Parties desire to enter into this Agreement under N.D.C.C. chapter 14-03.2 to address selected marital rights and obligations during marriage and at separation, marital dissolution, death, or another stated event.
D. Each Party's counsel access, review time, financial disclosure, and understanding are recorded in Sections 6 and 8 and the attached schedules rather than assumed by this recital.

The Parties agree as follows. N.D.C.C. § 14-03.2-05 does not require consideration for an agreement that satisfies the Act.

2. DEFINITIONS

For purposes of this Agreement, the following capitalized terms shall have the meanings set forth below. All definitions apply equally to the singular and plural forms.

“Act” means the North Dakota Uniform Premarital and Marital Agreements Act, N.D.C.C. ch. 14-03.2.
“Affiliate” means, with respect to a Party, any entity that directly or indirectly controls, is controlled by, or is under common control with such Party.
“Dissolution” means any divorce, annulment, or other termination of the Marriage recognized under North Dakota law.
“Marital Property” has the meaning assigned in Section 3.2.
“Premarital Debt” means any debt, liability, or obligation incurred by a Party before the Effective Date, including those set forth on Schedule C.
“Separate Property” has the meaning assigned in Section 3.1.
“Triggering Event” means only the event selected for the relevant provision: marriage, separation, marital dissolution, death of a Party, or another event expressly stated in this Agreement.

3. OPERATIVE PROVISIONS

3.1 Separate Property

3.1.1 Identification. All property, whether real, personal, tangible, intangible, vested or contingent, owned by a Party as of the Effective Date, as listed on Schedule A (Party A) and Schedule B (Party B), together with all rents, issues, profits, appreciation, substitutions, replacements, and proceeds thereof, shall be and remain that Party’s “Separate Property.”
3.1.2 Treatment. The Parties select the treatment of each listed asset, its income, appreciation, substitutions, proceeds, contributions, and liabilities in Schedules A and B. No asset receives a classification merely because it is titled in one name.
3.1.3 Changes in Form or Contributions. Each schedule must state the effect of retitling, commingling, tracing, labor, marital contributions, debt reduction, improvement, or use for a joint purpose. Silence does not create a contractual presumption.

3.2 Property Acquired During Marriage

Property acquired during marriage is treated according to Schedule D. The Parties shall separately address earnings, retirement accruals, businesses, real estate, gifts, inheritances, jointly titled property, debt-funded acquisitions, and property acquired in exchange for another asset. Title alone does not answer the schedule.

3.3 Management, Control & Use of Property

The management, control, use, transfer, encumbrance, lease, and disposition rules for each asset category are stated in Schedules A, B, and D. Those selections remain subject to the Act, any nonwaivable requirement, and the rights of a person who did not agree to them.

3.4 Debts & Liabilities

(a) As between the Parties, responsibility for each disclosed premarital liability is allocated in Schedule C.
(b) Schedule C allocates contractual responsibility between the Parties for listed liabilities and later liabilities by category.
(c) This allocation does not bind a creditor or taxing authority that did not agree to it. The Parties shall state any reimbursement procedure in Schedule C without using a generic indemnity or liability cap.

3.5 Spousal Support / Maintenance

Select one separately for each Party after independent advice:
☐ Reserve all spousal-support rights.
☐ Waive spousal support, subject to N.D.C.C. § 14-03.2-08(5)-(7).
☐ Use the amount, duration, conditions, security, and modification terms in Schedule E.

If a modification or elimination causes public-assistance eligibility at separation or dissolution, the court may require support only to the extent necessary to avoid that eligibility. A court may also refuse an unconscionable term or one whose enforcement would cause substantial hardship because of a later material change in circumstances.

3.6 Estate Planning Rights; Death Benefits

(a) Estate Rights. No death-related right is waived by a generic clause. Schedule F must identify each right reserved, modified, or waived; the property affected; the disclosure supporting the election; and any separate instrument or consent required.
(b) Beneficiary Designations and Plans. Beneficiary designations, retirement plans, life insurance, payable-on-death accounts, wills, trusts, and transfer-on-death instruments must be coordinated separately. This Agreement does not itself change a third-party record.
(c) Cooperation. Each Party shall execute only the additional documents specifically identified in Schedule F after counsel confirms their form and effect.

3.7 Tax Matters

Schedule G shall record the tax-filing, information-sharing, payment, refund, audit, amendment, allocation, and advisor selections. This Agreement does not determine filing eligibility or bind a taxing authority.

3.8 Insurance

Schedule H shall identify any life, property, liability, disability, health, long-term-care, or other insurance commitment, including owner, insured, beneficiary, amount, term, premium source, proof, change rights, and remedy. No insurance obligation arises from leaving the schedule blank.

4. REPRESENTATIONS & WARRANTIES

Each Party represents and warrants to the other as of the Effective Date:
4.1 Full Disclosure. The financial disclosures attached as Schedules A, B, and C are complete, accurate, and not materially misleading.
4.2 Independent Counsel. Each Party's access to independent legal representation, reasonable decision time, lawyer search, advice, fee arrangement, and review dates are documented in Section 8. A bare waiver of counsel does not replace the statutory access and notice requirements.
4.3 No Fraud or Duress. The Party executes this Agreement voluntarily and not as a result of fraud, duress, or undue influence.
4.4 Capacity. The Party is of legal age and sound mind, and fully competent to execute this Agreement.
4.5 Reliance. The Party has not relied on any representation or promise not expressly set forth herein.

The factual statements in this Section are made as of signing and remain relevant only to the extent a court determines under the Act.

5. COVENANTS & ONGOING OBLIGATIONS

5.1 Further Documents. A Party shall sign only an additional instrument identified in a schedule or later approved after independent counsel review; this clause does not waive the separate formalities or third-party consents applicable to that instrument.
5.2 Pre-Signing Update. Before signing, each Party shall update the financial schedules for any material change in property, liabilities, or income and initial the revision. Any post-signing update duty must be stated expressly in the applicable schedule.
5.3 Confidentiality. Unless required by law, neither Party shall disclose the terms of this Agreement except to legal, financial, or tax advisors bound by confidentiality.

6. STATUTORY ENFORCEMENT SAFEGUARDS

6.1 Voluntariness and Duress. Each Party shall record the proposal date, first complete draft date, counsel dates, disclosure dates, material revision dates, wedding date, and signing date in Schedule I. No Party may condition basic necessities, safety, immigration assistance, medical care, or return of property on signing.

6.2 Independent Representation. Each Party shall have reasonable time and financial ability to locate independent counsel, obtain advice, and consider it. If one Party is represented and the other lacks the financial ability to retain counsel, Schedule I must state the reasonable-fee arrangement offered for independent representation.

6.3 Financial Disclosure. Schedules A through C must provide a reasonably accurate description and good-faith value estimate for property, liabilities, and income. Any waiver of further disclosure must be a separate signed record identifying what was provided and what additional disclosure is waived.

6.4 Court Review. Enforcement remains subject to N.D.C.C. § 14-03.2-08, including voluntariness, duress, counsel access, required notice or explanation, adequate disclosure, unconscionability at signing, later material change and substantial hardship, and the public-assistance support rule.

6.5 Unenforceable or Nonbinding Terms. Nothing in this Agreement may adversely affect a child's support right, restrict a domestic-violence remedy, alter statutory grounds for separation or dissolution, or penalize a Party for initiating such a proceeding. Any child-related parenting term is only a present proposal and is not binding on the court.

7. GOVERNING LAW; AMENDMENT; EFFECT

7.1 Governing Law. The Parties designate North Dakota law because [describe the significant relationship to the Agreement or a Party: ______________________________]. This designation remains subject to N.D.C.C. § 14-03.2-03.

7.2 Effective Date. This premarital Agreement becomes effective only upon the Parties' marriage.

7.3 Amendment or Revocation. A modification or revocation must be set out in a record signed by both Parties and must satisfy the Act as applicable to the timing and nature of the later agreement.

7.4 No Predetermined Procedure or Remedy. This Agreement contains no arbitration clause, jury waiver, exclusive-forum clause, automatic attorney-fee award, injunction, bond waiver, cure period, indemnity, liability cap, or force-majeure excuse. A court with jurisdiction determines procedure, enforceability, and available relief.

7.5 Severability. If a term is unenforceable, a court shall determine whether the remaining terms may operate consistently with the Parties' material agreement and the Act; this clause does not authorize rewriting a material term.

7.6 Entire Agreement. This Agreement and its signed schedules state the Parties' agreement on the covered subjects. No recital, draft, or oral statement modifies a signed term.

8. EXECUTION AND REQUIRED NOTICE

8.1 Conspicuous Notice of Rights

IF YOU SIGN THIS AGREEMENT, YOU MAY BE:

GIVING UP YOUR RIGHT TO BE SUPPORTED BY THE PERSON YOU ARE MARRYING.

GIVING UP YOUR RIGHT TO OWNERSHIP OR CONTROL OF MONEY AND PROPERTY.

AGREEING TO PAY BILLS AND DEBTS OF THE PERSON YOU ARE MARRYING.

GIVING UP YOUR RIGHT TO MONEY AND PROPERTY IF YOUR MARRIAGE ENDS OR THE PERSON YOU ARE MARRYING DIES.

GIVING UP YOUR RIGHT TO HAVE YOUR LEGAL FEES PAID.

8.2 Party A Review Record

Independent lawyer: [________________________________] Review dates: [________________________________]

Complete draft received: [__/__/____] Financial disclosure received: [__/__/____]

☐ Represented by independent counsel
☐ Not represented; separate counsel-access, fee-ability, plain-language explanation, and waiver records attached

8.3 Party B Review Record

Independent lawyer: [________________________________] Review dates: [________________________________]

Complete draft received: [__/__/____] Financial disclosure received: [__/__/____]

☐ Represented by independent counsel
☐ Not represented; separate counsel-access, fee-ability, plain-language explanation, and waiver records attached

8.4 Signatures

By signing, each Party confirms receipt of the complete Agreement and schedules and the review history recorded above. The statutory formation rule requires a record signed by both Parties; notarization is not stated as a formation requirement in N.D.C.C. § 14-03.2-05.

Independent Attorney for Party A

Name: [________________________________] Firm: [________________________________]

Signature / acknowledgment of advice: [________________________________] Date: [__/__/____]

Independent Attorney for Party B

Name: [________________________________] Firm: [________________________________]

Signature / acknowledgment of advice: [________________________________] Date: [__/__/____]

9. EXHIBITS & SCHEDULES

• Schedule A — Party A property, values, income, expected interests, and supporting records
• Schedule B — Party B property, values, income, expected interests, and supporting records
• Schedule C — Each Party's liabilities, guarantees, taxes, claims, and reimbursement selections
• Schedule D — Property acquired during marriage; earnings, appreciation, contribution, and tracing elections
• Schedule E — Spousal-support elections and explanation of consequences
• Schedule F — Death-related rights, estate-plan coordination, beneficiary designations, and separate instruments
• Schedule G — Tax-filing and allocation selections
• Schedule H — Insurance commitments
• Schedule I — Draft, disclosure, counsel, revision, wedding, and signing timeline
• Exhibit 1 — Separate signed waiver of additional financial disclosure, if used
• Exhibit 2 — Plain-language explanation of modified or waived rights, if a Party signs without independent counsel