Nd Prenuptial Agreement
Take your time. A tight schedule between the signature on the dotted line and the bottom of the aisle shows that at least some of it has been put under pressure to sign the agreement without fully and fairly considering it. This may lead a court to decide that the agreement is not binding. It is wise to tackle the creation of a marriage contract at an early stage. It may be necessary to do important work in advance, including an accurate asset valuation. A prenup is not something you want to delve into existence. A marital agreement defines the property and financial rights of each spouse in the event of a divorce. A post-nuptial agreement works in the same way, but is established during a marriage and not before. However, keep in mind that a poorly crafted prenup or post-nup will probably not protect your rights.
We have extensive experience in the development, verification and negotiation of such agreements and we can establish legal documents that stand up to scrutiny. Gjesdahl Law has marriage counsel who can help answer any questions you may have and can establish an agreement specific to your circumstances. In North Dakota, marital agreements cannot be used to regulate child custody and custody, and neither parent can legally infer a child`s right to assist or resolve child protection issues through a prenupe. For example, spouses cannot decide in advance who will take custody of the children in the event of a divorce. Similarly, they cannot decide the form, extent and conditions of the other`s visit. The Court reserves the power to make final decisions on such matters and a married couple cannot overturn them by mutual agreement. Marriage contracts allow individuals to protect the individual assets they bring to a marriage, such as . B a business or other complex stakes. Another issue frequently addressed in pre-marital agreements is the protection of the heritage already provided for children from previous marriages.
North Dakota passed the Premarital and Marital Agreements Act, a law that is in effect in most states. This statute defines the formal requirements of a pre-marriage contract in force and the conditions necessary for its application. The first condition is that the agreement be signed in writing and by both parties before the marriage. A pre-marriage oral agreement or agreement that does not have the signature of one of the parties is not applicable.