PRENUPTIAL AGREEMENT

(North Dakota – Uniform Premarital Agreement Act, N.D.C.C. ch. 14-03.1)

[// GUIDANCE: This is a comprehensive, court-ready template drafted for use by North Dakota practitioners. Replace every bracketed [PLACEHOLDER] with matter-specific information. Review all statutory citations and tailor as appropriate for the parties’ circumstances.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Separate Property
   3.2 Marital Property & Community Acquisitions
   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. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block
11. 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 pursuant to the North Dakota Uniform Premarital Agreement Act, N.D.C.C. § 14-03.1-01 et seq., to avoid uncertainty and potential litigation in the event of dissolution, separation, or death.
D. Each Party has had ample opportunity to obtain independent legal counsel, has made a full and fair disclosure of assets and debts, and enters into this Agreement voluntarily, free from duress or undue influence.

NOW, THEREFORE, in consideration of the forthcoming Marriage, the mutual promises herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

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 Agreement Act, N.D.C.C. ch. 14-03.1.
“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 (i) Dissolution; (ii) legal separation; or (iii) the death of either Party.

[// GUIDANCE: Insert additional defined terms as needed for complex estates—e.g., “Closely-Held Business Interest,” “Retirement Plan,” “Qualified Domestic Relations Order (QDRO).”]

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. Separate Property shall not be subject to equitable distribution, division, or claim by the other Party upon any Triggering Event, except as otherwise expressly provided herein.
3.1.3 Commingling. Commingling of Separate Property with Marital Property shall not convert it to Marital Property absent clear, written intent to transmute, signed by both Parties.

3.2 Marital Property & Community Acquisitions

Any property acquired jointly titled in both Parties’ names during the Marriage, or any property the Parties expressly designate in writing as “Marital Property,” shall be subject to equitable division consistent with North Dakota law upon a Triggering Event. Absent such designation, property acquired during the Marriage solely in one Party’s name shall be presumed Separate Property.

3.3 Management, Control & Use of Property

Each Party shall have the sole right to manage, control, convey, encumber, lease, or dispose of his or her Separate Property without consent of the other Party, and may pledge such property as security for personal obligations.

3.4 Debts & Liabilities

(a) Premarital Debt remains the sole responsibility of the incurring Party.
(b) Debts jointly incurred in writing during the Marriage shall be joint obligations.
(c) Each Party indemnifies and holds harmless the other from and against any Premarital Debt or separate liability, subject to Section 7.1.

3.5 Spousal Support / Maintenance

(a) Waiver. Subject to Section 3.5(b), each Party hereby knowingly and voluntarily waives, releases, and discharges any right to interim or permanent spousal support, maintenance, or alimony from the other Party.
(b) Unconscionability Safety Valve. Notwithstanding Section 3.5(a), if enforcement of the waiver would render a Party eligible for public assistance at the time of Dissolution, a court of competent jurisdiction may order support to the extent required to avoid such eligibility, consistent with N.D.C.C. § 14-03.1-07.

3.6 Estate Planning Rights; Death Benefits

(a) Elective Share Waiver. Each Party waives all statutory rights to an elective share, intestate share, homestead allowance, exempt property, family allowance, or similar right in the other Party’s estate, except as provided in a valid testamentary instrument.
(b) Beneficiary Designations. Nothing herein restricts a Party from naming the other as a beneficiary under life insurance, retirement plans, or payable-on-death accounts.
(c) Cooperation. Each Party shall execute all documents reasonably necessary to give effect to this Section 3.6.

3.7 Tax Matters

The Parties shall elect to file federal and state income tax returns under any filing status permitted by law and mutually agreed upon. Any refund or liability arising from a joint return shall be divided pro rata based on each Party’s separate income unless otherwise agreed in writing.

3.8 Insurance

Each Party shall maintain, at his or her own expense, adequate insurance covering liabilities allocated to that Party herein. The Parties may, by mutual written agreement, maintain joint policies for household or other mutually used assets.

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. The Party (i) has been advised to consult independent legal counsel; (ii) has had the opportunity to do so; and (iii) either is represented by counsel whose name and firm appear below or voluntarily waives such representation.
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 foregoing representations and warranties shall survive the execution and delivery of this Agreement and any Triggering Event.

5. COVENANTS & ONGOING OBLIGATIONS

5.1 Further Assurances. The Parties shall execute such additional instruments and take such further action as may be reasonably necessary to effectuate the intent of this Agreement.
5.2 Notice of Significant Change. Each Party shall promptly notify the other in writing of any material change in assets or liabilities exceeding [THRESHOLD AMOUNT].
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. DEFAULT & REMEDIES

6.1 Events of Default. The following constitute an “Event of Default”:
(a) A material breach of any covenant, representation, or warranty;
(b) Failure to indemnify the other Party pursuant to Section 7.1; or
(c) Willful concealment or dissipation of property in violation of Section 3.1 or 3.2.

6.2 Notice & Cure. The non-defaulting Party shall give written notice specifying the nature of default. The defaulting Party shall have [30] days to cure, unless the breach is incapable of cure, in which case no cure period applies.

6.3 Remedies. Upon an uncured Event of Default, the non-defaulting Party may seek:
(a) Specific performance or injunctive relief pursuant to Section 8.4;
(b) Monetary damages capped as provided in Section 7.2; and/or
(c) An award of reasonable attorney fees and costs.

7. RISK ALLOCATION

7.1 Mutual Indemnification

Each Party (the “Indemnifying Party”) shall defend, indemnify, and hold harmless the other Party and his or her Affiliates from and against any claim, loss, damage, liability, cost, or expense (including reasonable attorney fees) arising out of or relating to (i) the Indemnifying Party’s Separate Property or Premarital Debt; or (ii) the Indemnifying Party’s breach of this Agreement.

7.2 Limitation of Liability

Except for (i) fraud, (ii) willful misconduct, or (iii) obligations under Section 7.1, each Party’s aggregate liability under this Agreement shall not exceed the value of his or her Separate Property as of the date a court of competent jurisdiction enters a final order determining liability.

7.3 Force Majeure

No Party shall be liable for failure to perform any obligation (other than payment of money) when such failure results from events beyond reasonable control, including acts of God, war, or governmental action; provided, the affected Party uses commercially reasonable efforts to resume performance.

8. DISPUTE RESOLUTION

8.1 Governing Law

This Agreement and all disputes arising hereunder shall be governed by the internal laws of the State of North Dakota, without regard to conflict-of-laws principles.

8.2 Forum Selection

Subject to Section 8.3, the Parties consent to exclusive jurisdiction in the [COUNTY] District Court, Family Law Division, State of North Dakota for any proceeding relating to this Agreement or the Marriage.

8.3 Limited Arbitration Availability

8.3.1 Scope. By mutual written agreement executed after any dispute arises, the Parties may submit discrete issues (e.g., valuation of a closely-held business) to binding arbitration under the North Dakota Uniform Arbitration Act.
8.3.2 Preserved Court Jurisdiction. Issues of child support, custody, and parenting time are non-arbitrable by law.

8.4 Injunctive Relief; Specific Performance

Each Party acknowledges that monetary damages may be inadequate for breach of provisions relating to confidentiality or property disposition. Accordingly, either Party may seek specific performance, temporary restraining order, or permanent injunction in the designated forum without posting bond.

8.5 Jury Waiver

Family law matters in North Dakota are tried to the court; therefore, jury trial is neither available nor waived.

9. GENERAL PROVISIONS

9.1 Amendment & Revocation. Pursuant to N.D.C.C. § 14-03.1-05, this Agreement may be amended or revoked only by a written instrument signed by both Parties.
9.2 Waiver. Failure to enforce any provision shall not operate as a waiver of that or any other provision.
9.3 Assignment. No rights or obligations hereunder may be assigned or delegated without prior written consent of the non-assigning Party.
9.4 Successors & Assigns. This Agreement shall inure to the benefit of and be binding upon the Parties and their respective heirs, executors, administrators, successors, and permitted assigns.
9.5 Severability. If any provision is held unenforceable, the remaining provisions shall remain in full force, provided the fundamental intent of the Agreement is not frustrated.
9.6 Integration. This Agreement constitutes the entire understanding of the Parties with respect to the subject matter and supersedes all prior oral or written agreements.
9.7 Counterparts & Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original. Signatures transmitted electronically shall be deemed original signatures.
9.8 Headings. Section headings are for convenience only and shall not affect interpretation.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Prenuptial Agreement as of the Effective Date.

Attorney for Party A (optional)
Name: ___ Firm: _____

Attorney for Party B (optional)
Name: ___ Firm: _____

NOTARY ACKNOWLEDGMENT

State of North Dakota )
County of [COUNTY] )

On this _ day of _, 20__, before me, a Notary Public in and for said State, personally appeared [PARTY A] and [PARTY B], known to me to be the persons described herein and who executed the foregoing instrument, and acknowledged that they executed the same as their free and voluntary act and deed.

Notary Public for the State of North Dakota
My Commission Expires: _______

[// GUIDANCE: North Dakota does not mandate notarization for enforceability under the Act, but notarization is strongly advised to bolster evidentiary weight.]

11. EXHIBITS & SCHEDULES

• Schedule A – Party A’s Statement of Separate Property
• Schedule B – Party B’s Statement of Separate Property
• Schedule C – Premarital Debts & Liabilities
• Exhibit 1 – Acknowledgment of Independent Legal Counsel (optional)

[// GUIDANCE: Attach detailed asset and debt schedules with supporting documentation (e.g., account statements, appraisals). Consider including a 7-day review period and certificate of translation if either Party’s native language is not English. This template purposefully excludes child-related provisions; under North Dakota law, child support and custody are non-waivable and subject to judicial determination at the time of Dissolution.]