North Dakota Prenuptial Agreement Laws: Requirements and Enforcement

North Dakota governs prenuptial agreements under its Uniform Premarital and Marital Agreements Act, N.D.C.C. chapter 14-03.2, which applies to agreements signed after July 31, 2013. An agreement "must be in a record and signed by both parties" (N.D.C.C. 14-03.2-05), and N.D.C.C. 14-03.2-08 lists what makes one unenforceable, including involuntary consent, no access to independent legal representation, a missing waiver notice and inadequate financial disclosure.

Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers premarital and marital agreements under North Dakota's Uniform Premarital and Marital Agreements Act, N.D.C.C. chapter 14-03.2, with a note on property division under N.D.C.C. 14-05-24. It does not cover agreements signed on or before July 31, 2013, the general statute of frauds, North Dakota case law decided under the current act, or other states' law. It is not a drafting guide.

Which law governs prenups in North Dakota?

North Dakota's statute is chapter 14-03.2 of the Century Code, titled the "Uniform Premarital and Marital Agreements Act." It is based on the Uniform Law Commission's 2012 act. The commission's enactment map, as checked on 2026-10-08, lists North Dakota and Colorado as the two states that have enacted it.

The chapter reaches agreements by signing date. N.D.C.C. 14-03.2-02 provides: "This chapter applies to a premarital agreement or marital agreement signed after July 31, 2013." North Dakota's earlier Uniform Premarital Agreement Act, chapter 14-03.1, was repealed by S.L. 2013, ch. 121, sec. 2. This page does not cover how an agreement signed on or before July 31, 2013 is reviewed.

Requirements for a valid North Dakota prenup

N.D.C.C. 14-03.2-05 sets the formalities:

"A premarital agreement or marital agreement must be in a record and signed by both parties. The agreement is enforceable without consideration."

Chapter 14-03.2 has eleven sections, 14-03.2-01 to 14-03.2-11, and none of them requires notarization or witnesses. This page does not cover whether other North Dakota statutes, such as the general statute of frauds, add requirements.

Timing of effect: under N.D.C.C. 14-03.2-06, "A premarital agreement is effective on marriage. A marital agreement is effective on signing by both parties."

When a North Dakota court will not enforce a prenup

N.D.C.C. 14-03.2-08(1) lists the grounds a party resisting enforcement can raise. Subsections 2 to 4 explain what three of them mean.

Independent lawyers and timing

North Dakota's act ties enforceability to access to a lawyer, not to a fixed waiting period. Subsection 2 asks whether the party had "a reasonable time" before signing to decide on, locate and consult a lawyer; it does not set a number of days.

Having independent counsel also matters for the waiver notice. If a party did not have independent legal representation at signing, the agreement needs the notice or a plain-language explanation. The statutory notice includes the warning: "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." A lawyer licensed in North Dakota can draft or review an agreement.

Financial disclosure

Under N.D.C.C. 14-03.2-08(4), disclosure is adequate if the party received a reasonably accurate description and good-faith estimate of the value of the other party's property, liabilities and income. It is also adequate if the party "Expressly waives, in a separate signed record, the right to financial disclosure beyond the disclosure provided," or had adequate knowledge, or a reasonable basis for adequate knowledge, of that information.

Unconscionability and later hardship

N.D.C.C. 14-03.2-08(6) gives the court a second check, term by term:

"A court may refuse to enforce a term of a premarital agreement or marital agreement if, in the context of the agreement taken as a whole: a. The term was unconscionable at the time of signing; or b. Enforcement of the term would result in substantial hardship for a party because of a material change in circumstances arising after the agreement was signed."

Under subsection 7, these questions are decided by the court as a matter of law.

Before 2013, North Dakota applied the former act. In Sailer v. Sailer, 2010 ND 185, 788 N.W.2d 604, the North Dakota Supreme Court reversed and remanded because the trial court had not made complete findings on the wife's other resources and foreseeable needs at the time of enforcement, which the court said were required to decide whether the agreement was unconscionable as enforced. Two justices dissented. That case applied the repealed chapter 14-03.1, and the current act uses the test quoted above.

Waiving alimony (spousal support) in a North Dakota prenup

An agreement can modify or waive spousal support, subject to the enforcement rules above and a specific limit in subsection 5. If the waiver would make a party eligible for public assistance, "a court, on request of that party, may require the other party to provide support to the extent necessary to avoid that eligibility" (N.D.C.C. 14-03.2-08(5)). For how support works without an agreement, see North Dakota alimony laws.

What a prenup cannot do in North Dakota

Under N.D.C.C. 14-03.2-09(2), a term is not enforceable to the extent that it:

• adversely affects a child's right to support;
• limits or restricts a remedy available to a victim of domestic violence;
• modifies the grounds for a court-decreed separation or marital dissolution; or
• penalizes a party for starting a separation or dissolution proceeding.

Under 14-03.2-09(3), terms on parental rights and responsibilities do not bind the court.

Changing or revoking a prenup

The chapter defines "amendment" as a modification or revocation of an agreement (N.D.C.C. 14-03.2-01). An amendment signed before the wedding becomes part of the premarital agreement; one signed after the wedding is a marital agreement. The chapter has no separate procedure for amendments, so the same rule in 14-03.2-05 applies: a record signed by both parties.

Choosing another state's law

Under N.D.C.C. 14-03.2-03, the parties may designate the law of another jurisdiction to govern the agreement if that jurisdiction has a significant relationship and its law is not contrary to a fundamental public policy of North Dakota.

If the marriage turns out to be void

If a marriage is determined to be void, "a premarital agreement or marital agreement is enforceable to the extent necessary to avoid an inequitable result" (N.D.C.C. 14-03.2-07).

Time limits for enforcing a prenup

N.D.C.C. 14-03.2-10 provides that a statute of limitations on a claim under the agreement "is tolled during the marriage of the parties to the agreement, but equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party."

Postnuptial agreements in North Dakota

Chapter 14-03.2 governs marital agreements between spouses who intend to remain married, with the same signing and enforcement rules as prenups (N.D.C.C. 14-03.2-01(2)).

The chapter excludes two kinds of agreements (N.D.C.C. 14-03.2-02(3)): agreements that require court approval, and "an agreement between spouses who intend to obtain a marital dissolution or court-decreed separation which resolves their marital rights or obligations and is signed when a proceeding for marital dissolution or court-decreed separation is commenced."

How North Dakota divides property without a prenup

North Dakota is an equitable-distribution state. N.D.C.C. 14-05-24(1) provides: "When a divorce is granted, the court shall make an equitable distribution of the property and debts of the parties." A premarital agreement is how couples set different terms. See North Dakota divorce laws.

Disclaimer: This article provides general legal information about premarital and marital agreements under North Dakota's Uniform Premarital and Marital Agreements Act, N.D.C.C. chapter 14-03.2. It is not legal advice and is not a template or drafting guide. The information was verified on 2026-10-08, and the law can change. For advice about a specific agreement, consult a lawyer licensed in North Dakota.

Related

• Prenuptial agreement laws in every state
• North Dakota divorce laws
• North Dakota alimony laws
• North Dakota child support laws

Last updated: 2026-10-08.

Frequently Asked Questions

Are prenups enforceable in North Dakota?

Yes, under the Uniform Premarital and Marital Agreements Act, N.D.C.C. chapter 14-03.2, for agreements signed after July 31, 2013. N.D.C.C. 14-03.2-08 lists the grounds on which a court will not enforce one.

Does a prenup have to be notarized in North Dakota?

Chapter 14-03.2 requires a record signed by both parties (N.D.C.C. 14-03.2-05) and contains no notarization or witness requirement. A North Dakota lawyer can advise how a particular agreement should be signed.

Do both parties need a lawyer for a North Dakota prenup?

The act does not require each party to hire one, but it requires access to independent legal representation, and a party without independent counsel must receive the statutory waiver notice or a plain-language explanation (N.D.C.C. 14-03.2-08(1)(b), (c)).

Can a North Dakota prenup waive alimony?

It can, but if a waiver would make a spouse eligible for public assistance, a court may order support to the extent needed to avoid that eligibility (N.D.C.C. 14-03.2-08(5)).

Can a prenup decide child support or custody in North Dakota?

A term is unenforceable to the extent it adversely affects a child's right to support, and terms on parental rights and responsibilities do not bind the court (N.D.C.C. 14-03.2-09).

Are postnuptial agreements valid in North Dakota?

Chapter 14-03.2 governs marital agreements between spouses who intend to remain married, using the same rules as prenups. It does not apply to an agreement signed when a dissolution or court-decreed separation proceeding has begun (N.D.C.C. 14-03.2-02(3)).