${site.data.firmName}${SEMFirmNameAlt}
To talk to an experienced family law attorney about your case,
please call our Fargo office at
701-297-2234
Menu Contact

Understanding premarital agreements

For North Dakota couples who have made the all-important decision to get married, the idea of signing a contract addressing issues that commonly arise only when a couple wants to end the marriage seems counter-intuitive, and even somewhat destructive. Nevertheless, understanding the how's and why's of premarital agreements can go a long way toward eliminating the concerns of one or both spouses about financial issues that, if left unresolved, can be the precipitating cause of a divorce.

Under North Dakota law, a premarital agreement is a written contract between two people who intend to get married. Prenuptial agreements typically specify how certain assets will be distributed in the event of a divorce. If one spouse enters the marriage with significantly greater assets, the premarital agreement may specify how such assets will be distributed. A premarital agreement may require that one spouse waive their right to any assets owned by the other.

In order to be valid and enforceable, a premarital agreement must be signed by both parties prior to the marriage becoming official. Either prospective spouse can demand that the other prospective spouse make reasonable financial disclosures before signing the agreement. Each party has the right to have the draft agreement reviewed by an independent attorney.

Premarital agreements can be tailored to the specific requirements of any couple. Hiring an attorney to either prepare a draft or review a draft prepared by the other spouse's attorney is considered to be an essential precaution. A knowledgeable family law attorney can offer advice on the wisdom of certain provisions and can also aid in the understanding of complex financial issues. Premarital agreements need not be feared if both parties obtain independent legal advice before signing.

Source: legis.nd.gov, "Chapter 14-03.2 Uniform Premarital and Marital Agreements Act," accessed on Jan. 28, 2018

No Comments

Leave a comment
Comment Information
EMAIL US FOR A RESPONSE

Tell Us About Your Case

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Commandments of Family Law

  1. The only truth your children need to know is that you both love them unconditionally, and that this isn't their fault.
  2. Take the high road — everyone wins when you do what's best for your kids.
  3. Negotiate but don't capitulate — if you are being pushed toward something detrimental for your children, stand your ground.
  4. You can only control yourself and how you respond. Don't engage.
  5. Do set up rules and responsibilities. Kids feel better when routine is continued.
  6. You are still their parent — don't be afraid to be one.
  7. Disneyland is in California, not in your home. Don't set up unreasonable expectations.
  8. It is not their job to take care of you. Repeat that to them. Often.
  9. Yelling is for sports — not court. Good lawyers strongly advocate without being disrespectful to opposing parties.
  10. Fair is a place you go to get cheese curds. Aside from that, nothing in life is fair.

Our Location:

Melinda Weerts PLLC
2534 South University Drive Suite 2
Fargo, ND 58103

Fax: 701-271-0082
Fargo Law Office Map

Back to top