Title 14 — Domestic Relations and Persons
48 chapters · 709 sections in this title.
N.D.C.C. § 14-03.2-01 Definitions
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In this chapter: 1. "Amendment" means a modification or revocation of a premarital agreement or marital agreement. 2. "Marital agreement" means an agreement between spouses who intend to remain married which affirms, modifies, or waives a marital right or obligation during the ma…
N.D.C.C. § 14-03.2-02 Scope
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1. This chapter applies to a premarital agreement or marital agreement signed after July 31, 2013. 2. This chapter does not affect any right, obligation, or liability arising under a premarital agreement or marital agreement signed before August 1, 2013. 3. This chapter does not …
N.D.C.C. § 14-03.2-03 Governing law
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The validity, enforceability, interpretation, and construction of a premarital agreement or marital agreement are determined: 1. By the law of the jurisdiction designated in the agreement if the jurisdiction has a significant relationship to the agreement or either party and the …
N.D.C.C. § 14-03.2-04 Principles of law and equity
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Principles of law and equity may not: 1. Supplement an agreement executed in accordance with this chapter; or 2. Be used to alter a material term in an agreement executed in accordance with this chapter.
N.D.C.C. § 14-03.2-05 Formation requirements
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A premarital agreement or marital agreement must be in a record and signed by both parties. The agreement is enforceable without consideration.
N.D.C.C. § 14-03.2-06 When agreement effective
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A premarital agreement is effective on marriage. A marital agreement is effective on signing by both parties.
N.D.C.C. § 14-03.2-07 Void marriage
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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. § 14-03.2-08 Enforcement
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1. A premarital agreement or marital agreement is unenforceable if a party against whom enforcement is sought proves: a. The party's consent to the agreement was involuntary or the result of duress; b. The party did not have access to independent legal representation under subsec…
N.D.C.C. § 14-03.2-09 Unenforceable terms
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1. In this section, "parental rights and responsibilities" means all the rights and responsibilities a parent has concerning the parent's child. 2. A term in a premarital agreement or marital agreement is not enforceable to the extent that it: a. Adversely affects a child's right…
N.D.C.C. § 14-03.2-10 Limitation of action
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A statute of limitations applicable to an action asserting a claim for relief under a premarital agreement or marital agreement is tolled during the marriage of the parties to the agreement, but equitable defenses limiting the time for enforcement, including laches and estoppel, …
N.D.C.C. § 14-03.2-11 Relation to Electronic Signatures in Global and National Commerce Act
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This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act [15 U.S.C. 7001 et seq.] but does not modify, limit, or supersede section 101(c) of that Act [15 U.S.C. 7001(c)] or authorize electronic delivery of any of the notices desc…