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Prenuptial Agreement Laws in North Dakota

North Dakota follows the Uniform Premarital and Marital Agreements Act, which requires adequate financial disclosure (or a separate signed waiver) and access to independent legal representation, including a reasonable time to find and consult a lawyer before signing.

Last checked . General information, not legal advice.

North Dakota at a glance

Uniform act
UPMAA (N.D.C.C. ch. 14-03.2)
Applies to premarital and marital agreements signed after July 31, 2013.
Financial disclosure required
Yes, unless waived or already known
Adequate disclosure means a reasonably accurate description and good-faith value estimate of property, debts and income, a separate signed waiver, or adequate knowledge.
Waiting or review period
Reasonable time to consult a lawyer
No fixed number of days. Before signing, a party must have a reasonable time to decide on, locate and consult independent counsel.
Independent counsel required
Access to a lawyer required
A party must have access to independent legal representation. Without a lawyer, the agreement must include a notice of waiver of rights or a plain-language explanation of the rights being given up.

Sources

Last checked

The rules in North Dakota

Has North Dakota adopted the Uniform Premarital Agreement Act or a similar uniform law?

Uniform act in North Dakota: UPMAA (N.D.C.C. ch. 14-03.2). Applies to premarital and marital agreements signed after July 31, 2013.

Does a prenuptial agreement in North Dakota require financial disclosure to be enforceable?

Yes, unless waived or already known. Financial disclosure required in North Dakota: yes, unless waived or already known. Adequate disclosure means a reasonably accurate description and good-faith value estimate of property, debts and income, a separate signed waiver, or adequate knowledge.

Is there a waiting or review period before signing a prenup in North Dakota?

Waiting or review period in North Dakota: Reasonable time to consult a lawyer. No fixed number of days. Before signing, a party must have a reasonable time to decide on, locate and consult independent counsel.

Does North Dakota law require each party to have an independent lawyer for a prenuptial agreement?

Access to a lawyer required. Independent counsel required in North Dakota: access to a lawyer required. A party must have access to independent legal representation. Without a lawyer, the agreement must include a notice of waiver of rights or a plain-language explanation of the rights being given up.

Where do the North Dakota prenuptial agreement laws come from?

The rules above come from N.D.C.C. 14-03.2-02 and N.D.C.C. 14-03.2-08. Each source is linked on this page. We last checked them in October 2026.

Good to know

Where the other party has a lawyer, access to independent representation also requires that the party can afford a lawyer or that the other party agrees to pay reasonable fees.

What this means in practice

Sign well before the wedding. Courts may look closely at an agreement presented shortly before the ceremony, and some states set a minimum time between receiving the final draft and signing it. Leaving time to read, ask questions and negotiate helps show the agreement was entered voluntarily.

Exchange full financial information in writing. A schedule of each party's assets, debts and income attached to the agreement creates a record of what was disclosed. Where a party gives up the right to more information, that waiver should usually be in writing and signed as well.

Consider separate lawyers for each party. Even where independent counsel is not strictly required, having each person advised by their own attorney can make the agreement harder to challenge later. Terms about child support or custody are generally not binding, and spousal support waivers can face extra scrutiny, so a local attorney can confirm what is allowed.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.