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North Dakota Prenuptial Agreement

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A North Dakota prenuptial or premarital agreement is a legal contract between both parties before marriage. It can include provisions for issues such as property division, custody and visitation rights in the event of divorce, alimony, and other issues related to the marriage.

What Are the Key Factors to Be Included in a Prenuptial Agreement?

When considering a prenuptial agreement, it's essential to consider the factors determining its success. Some of these factors include:

  • Core financial disclosures

    Prenuptial agreements are based on the expectation that each partner has a clear understanding of their financial situation. The couple should disclose all their assets, debts, income, and expenses to create an accurate picture of their situation. This will help them determine how much money they must spend on a wedding and other expenses.

  • Key understandings of gifts and inheritance

    A prenuptial agreement can help couples decide who will inherit what property if one partner dies before the other. For example, if one person has children from a previous marriage and wants to ensure that they receive their estate when they die, then it would be helpful for them to put this stipulation into writing before marrying again to avoid legal conflicts.

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  • Death benefits on retirement accounts or life insurance.

    If you have an IRA or other retirement account, your spouse will likely be able to access it upon your death if you don't have a prenuptial agreement in place. However, if you have such an agreement in place, you'll be able to specify who gets what and when.

  • Schooling for either spouse.

    If one partner wants to attend school but doesn't want their partner to pay for tuition and books, this factor should be included in the prenup. This way, the partner who wants to pursue higher education won't feel obligated to pay for those costs while they're away at school—and they'll still have enough money left over for other expenses like rent and food!

  • How to handle separate or joint businesses

    If you and your partner have a business, you'll need to decide how that business will be handled in a divorce. You can do this by writing into your prenuptial agreement that the business will be jointly owned or that one spouse will own it. If you choose joint ownership, the business will be split evenly between yourself and your partner. If you decide on sole ownership, your partner will not have any claim on what you earn from this business.

  • Joint assets and liabilities

    The parties should own assets or liabilities together when they sign their prenuptial agreement. Assets may include real estate, cars, furniture, jewellery, and other valuables. Liabilities may consist of credit card debts or loans that one party has taken out to pay for an education or start a business venture, for example. This is because specific laws state that prenups cannot include anything acquired from a third party after getting married (e.g., inheritance).

Conclusion

If you're in North Dakota and considering entering a prenuptial agreement, you'll want to work with lawyers from Contracts Counsel.

A prenup is to ensure that both parties are protected in case of a divorce - and also guarantees that each partner has an equal voice when making financial decisions within the marriage itself.

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Morgan N. on ContractsCounsel
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Member Since:
March 24, 2023

Morgan N.

Attorney
Free Consultation
North Dakota and Minnesota
3 Yrs Experience
Licensed in MN, ND
Mitchell Hamline School of Law

Morgan is a real estate attorney with six years of experience in residential, land, and commercial real estate transactions. He has experience assisting municipalities, businesses, buyers and sellers in real estate related matters. He has worked on various projects including purchase agreements, contract for deed, easements, mortgages, access agreements, contract/lease review and also title review. Prior to entering private practice, Morgan was a Realtor and assisted buyers and sellers in residential sales and closing services. Morgan provides proactive, responsive and dependable work to each client and project.

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Angela H. on ContractsCounsel
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Member Since:
May 23, 2023

Angela H.

Attorney/Owner
Free Consultation
Pennsylvania
14 Yrs Experience
Licensed in DC, PA
University of Dayton

Angela Hayden is an accomplished and driven attorney with a diverse professional background that sets her apart. Having served as a former Assistant Public Defender in Allegheny County, Angela acquired invaluable expertise in navigating the complexities of the criminal justice system. Her trial experience spans a wide range of cases, from minor retail theft to complex criminal homicide, demonstrating her ability to deliver successful outcomes for her clients. Prior to her focus on criminal defense, Angela honed her skills in public policy and political consulting through her work with both the Pennsylvania and United States House of Representatives. This experience provided her with a deep understanding of the intricacies of public policy and the ability to offer strategic guidance to clients. Angela's career also took her to a civil defense firm, where she traveled across the country, defending clients in litigation. This experience enhanced her ability to handle complex civil matters and strengthened her litigation skills. In addition to her expertise in criminal defense and civil litigation, Angela has demonstrated her proficiency in employment law, providing guidance and consultation to small businesses and non-profit organizations. Her keen insight into employment law matters ensures that businesses operate within legal boundaries while fostering a positive work environment. Furthermore, Angela is a licensed realtor, well-versed in residential real estate transactions. This additional knowledge allows her to offer comprehensive legal support to clients involved in real estate matters, ensuring their interests are protected throughout the process. Angela holds a degree from Hampton University and obtained her Juris Doctor from the University of Dayton School of Law. She is pursuing a Master of Business Administration. She is licensed to practice law in Pennsylvania and the District of Columbia, demonstrating her commitment to providing exceptional legal services in multiple jurisdictions. With her extensive experience and passion for achieving favorable outcomes for her clients, Angela Hayden is a dedicated advocate ready to guide you through your legal journey.

Nancy S. on ContractsCounsel
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May 21, 2023

Nancy S.

Attorney
Free Consultation
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42 Yrs Experience
Licensed in TX
University of Houston

Seasoned corporate, business and real estate attorney with 30 years experience managing private practice groups and in-house legal functions for publicly traded, privately held, and family companies.

Bethany T. on ContractsCounsel
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Maria M. on ContractsCounsel
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Maria M.

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Free Consultation
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28 Yrs Experience
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Temple University Beasley School of Law

I have worked for over 20 years in the areas of family law, business formation, contracts and real estate law. In the area of family law, I represent clients in all areas of family law including child custody, child support, spousal support and marital property division as well as preparing prenuptial and separation agreements. I am experienced in real estate law, including commercial and residential leases, preparing various types of real estate related contracts. I am also experienced in business formation among other business law matters. I currently work in the area of grant management with the Small Business Administration.

Don K. on ContractsCounsel
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Don K.

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Oliver Keene is not your typical attorney. With a personal touch and a passion for helping others, he goes above and beyond to provide exceptional legal services. Born and raised in the heart of the Appalachian coalfields, Oliver understands the value of hard work and perseverance. His small-town upbringing instilled in him a deep sense of community and a commitment to making a difference in people's lives. Oliver's journey in the legal field began with a Bachelor's degree in Criminal Justice from Bluefield University. He went on to earn his Juris Doctorate from Lincoln Memorial University - Duncan School of Law, where he excelled in his studies and developed a strong foundation in law. Throughout his career, Oliver has gained invaluable experience working as a public defender, an attorney advisor for the Small Business Administration, and in various legal roles. With a focus on estate planning and business law, Oliver is dedicated to helping individuals and families protect their assets, plan for the future, and navigate the complexities of the legal system. His approachable demeanor, attention to detail, and genuine care for his clients set him apart. Oliver's clients can trust that he will go the extra mile to ensure their legal needs are met with the utmost professionalism and personalized service. Outside of his legal practice, Oliver enjoys spending time with his wife and daughter, exploring the great outdoors, and indulging in his passion for hunting and fishing. His commitment to serving military families is evident in his offering of discounted services as a token of gratitude for their sacrifices. When you choose Oliver Keene as your attorney, you're not just hiring a legal professional - you're gaining a trusted advisor and a compassionate advocate. With Oliver by your side, you can have confidence that your legal matters will be handled with the highest level of expertise and care.

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Sage Law Firm S.

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Family

Prenuptial Agreement

Massachusetts

Asked on Mar 21, 2023

Is a prenuptial agreement legally binding?

I am planning to get married and I have been advised to consider a prenuptial agreement to protect my assets in the event of a divorce. However, I am unclear on the legal validity and enforceability of a prenuptial agreement and whether it can be challenged or overturned in court. Therefore, I would like to seek the advice of a lawyer to help me understand the legal implications of a prenuptial agreement and ensure that my interests are protected.

Briana C.

Answered Apr 25, 2023

Judges in most cases honor and enforce (signed and notarized) prenuptial agreements between two spouses as long as both parties entered it freely and voluntarily and with full knowledge of one another financial circumstances, and the agreement is not "unconscionable." A prenuptial agreement may not be enforced if (1) either party signed it under duress or coercion or undue pressure (or, say, the night before the wedding), (2) the party seeking to enforce it did not truthfully and completely disclose their financial information, or (3) enforcing the prenup would leave one spouse so destitute that they could not meet their most basic living expenses (i.e., would be forced onto welfare). In short, the prenuptial agreement will be enforced if (1) all the procedural requirements were met at the time it was signed and (2) the terms are not unconscionable, taking into account the circumstances existing at the time of divorce.

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Family

Prenuptial Agreement

New York

Asked on Mar 29, 2022

Prenup

Hey i'm getting married next month in NY How much will it cost?

Jane C.

Answered May 10, 2022

I suggest you submit a proposal for lawyers to bid on.

Read 1 attorney answer>

Estate Planning

Prenuptial Agreement

Massachusetts

Asked on Apr 21, 2023

How does a prenuptial agreement affect estate planning?

I am getting married soon and I am interested in understanding how a prenuptial agreement would affect my estate planning. I would like to know what steps I should take to ensure that my assets are protected and that my wishes are carried out after I pass away. I am also curious as to how a prenuptial agreement might affect the distribution of my assets to my family members and other beneficiaries.

Briana C.

Answered May 23, 2023

A prenuptial agreement does not create an estate plan. But it can do two things. First, a prenuptial agreement can create a contractual promise on the part of one or both spouses to do something in particular with their estate plan (such as promising to leave the marital home to the surviving spouse, or promising to leave everything they have to the surviving spouse, or promising to set up a trust, etc. etc.). If this contractual promise is broken, the surviving spouse has a contract claim against the estate of the dead spouse. Second, and almost the opposite, in a prenuptial agreement one or both spouses can waive the rights they would otherwise have by statute, thus freeing up the other spouse to do whatever he or she wants with her estate plan. Without a prenuptial agreement, a surviving spouse is entitled by statute to inherit a certain proportion of the estate of the dead spouse (the exact proportion depends on whether or not the dead spouse has a will, and/or has surviving children). The prenuptial agreement can override these statutory rights and provide that the surviving spouse is not entitled to inherit anything from the dead spouse, except for anything the dead spouse may choose to leave the surviving spouse in his or her will.

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Family

Prenuptial Agreement

California

Asked on Oct 6, 2022

Are prenuptial agreements public record?

My partner and I are considering signing a prenuptial agreement before getting married. I want to keep it confidential and I'm not sure if we have to file this with the state or when we get married and would be publicly available?

Michael M.

Answered Oct 7, 2022

Prenuptial Agreements are private agreements between the parties. They are typically not public, however, if the matter goes to court, they can be made part of the public record.

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Family

Prenuptial Agreement

Texas

Asked on Apr 15, 2023

Can a prenuptial agreement be challenged in court?

I am recently engaged and am considering entering into a prenuptial agreement with my fiancé. We have differing financial backgrounds and I am concerned that the agreement may not be fair to either of us. I want to understand if a prenuptial agreement can be challenged in court and the conditions under which this could happen.

Nicole P.

Answered May 12, 2023

Texas calls prenuptial agreements "Premarital Agreements". These agreements, just like any other contract, can be challenged in court. A challenge to the agreement does not mean it will be found invalid, however. Surviving a challenge to the premarital agreement is primarily accomplished all the way back to when the agreement is drafted and executed. There are requirements or prohibitions for the agreement terms to be valid, which are too numerous to list here, but can be found in the Texas Family Code, chapter 4. In Texas, no consideration is required, but the Agreement must be in writing, and signed by both parties. It must be free from fraud and duress, and entered into voluntarily. It cannot be unconscionable, and the parties must provide a fair and reasonable disclosure of the property and financial obligations (unless waived). Enforcement of a premarital agreement falls under the Texas Family Code 4.006. Additionally, any provision that would adversely affect the support of children is going to be prohibited. Conservatorship and possession/access (custody and visitation) will always be determined by the Court under the best interest of the children standard, regardless of what may have been put into the agreement. The best way to survive a challenge is to hire a competent attorney to draft the agreement, ensure the agreement complies with the Texas Family Code, provide a fair and reasonable disclosure from both parties, both parties being represented by their own attorney when entering into the agreement, and ensuring the agreement is available for review far in advance of the wedding date.

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