Revocation of Premarital or Prenuptial Agreement
Sometimes there are areas of law about which Uniform Acts
are written and adopted by the various states. Premarital Agreements
is such as area of law. The NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM
STATE LAWS adopted the final version of the Uniform Premarital Agreement
Act in 1983. Since that date, the act, as modified by the various
states, has been adopted in the following states: Arizona, Arkansas, California,
Connecticut, Delaware, District of Columbia, Hawaii, Idaho, Illinois, Indiana,
Iowa, Kansas, Maine, Montana, Nebraska, Nevada, New Jersey, New Mexico,
North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Texas,
Utah and Virginia. At the heart of the act is the provision which
provides that such an agreement is generally valid if in writing and sets
forth the factors to consider if the agreement is challenged.
North Dakota Statutes
Definitions:
As used in sections 14-03.1-01 through 14-03.1-08:
1. A person has
"notice" of a fact if the person has knowledge of it, receives a notification
of it, or has reason to know that it exists from the facts and circumstances
known to the person.
2. "Premarital agreement" means an agreement between prospective
spouses made in contemplation of marriage and effective upon marriage.
3. "Property" means an interest, present or future, legal or equitable,
vested or contingent, in real or personal property, including income and
earnings. Source: S.L. 1985, ch. 190, § 1. 14-03.1-01.
Formalities:
A premarital agreement must be a document signed by both parties. It is enforceable without consideration.
Source: S.L. 1985, ch. 190, § 2. 14-03.1-02.
Content:
1. Parties to a premarital agreement
may contract with respect to:
a. The rights and obligations of each of the parties in any of the property of either or both of them
whenever and wherever acquired or located.
b. The right to buy, sell, use, transfer, exchange, abandon, lease,
consume, expend, assign, create a security interest in, mortgage, encumber,
dispose of, or otherwise manage and control property.
c. The disposition of property upon separation, marital dissolution,
death, or the occurrence or nonoccurrence of any other event.
e. The making of a will, trust, or other arrangement to carry out
the provisions of the agreement.
h. Any other matter, including their personal rights and obligations,
not in violation of public policy or a statute imposing a criminal penalty.
2. The right of a child to support may not be adversely affected
by a premarital agreement. Source: S.L. 1985, ch. 190, § 3. 14-03.1-03.
Effect of marriage:
A premarital agreement becomes effective upon marriage. Source: S.L. 1985, ch. 190, § 4. 14-03.1-04.
Amendment - Revocation:
After marriage, a premarital agreement may be amended or revoked only by a written agreement
signed by the parties. The amended agreement or the revocation is enforceable
without consideration. Source: S.L. 1985, ch. 190, § 5. 14-03.1-05.
Enforcement:
1. A premarital agreement
is not enforceable if the party against whom enforcement is sought proves
that:
b. The agreement was unconscionable when it was executed and, before
execution of the agreement, that party:
2. If a provision of a premarital agreement modifies or eliminates
spousal support and that modification or elimination causes one party to
the agreement to be eligible for support under a program of public assistance
at the time of separation or marital dissolution, a court, notwithstanding
the terms of the agreement, may require the other party to provide support
to the extent necessary to avoid that eligibility.
3. An issue of unconscionability of a premarital agreement is for
decision by the court as a matter of law. Source: S.L. 1985, ch. 190, §
6. 14-03.1-06.
Enforcement of unconscionable provisions:
Notwithstanding the other provisions of this chapter, if a court finds that the enforcement
of a premarital agreement would be clearly unconscionable, the court may
refuse to enforce the agreement, enforce the remainder of the agreement
without the unconscionable provisions, or limit the application of an unconscionable
provision to avoid an unconscionable result. Source: S.L. 1985, ch. 190,
§ 7. 14-03.1-07.
Enforcement - Void marriage:
If a marriage is determined to be void, an agreement that would otherwise have been a
premarital agreement is enforceable only to the extent necessary to avoid
an inequitable result. Source: S.L. 1985, ch. 190, § 8. 14-03.1-08.
Limitation of actions:
Any statute of limitations applicable to an action asserting a claim for relief under a premarital
agreement is tolled during the marriage of the parties to the agreement.
However, equitable defenses limiting the time for enforcement, including
laches and estoppel, are available to either party. Source: S.L. 1985,
ch. 190, § 9. 14-03.1-09.
Advantages of premarital agreements for both parties:
Avoiding Litigation Costs
Protecting against Fears of Family Members
Protecting Family Assets
Protecting Business Assets
Protection Against Creditors
Child Custody and Support Guidlines
Predetermined Disposition of Property
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Disclaimer: This law summary is not legal advice.
If you are not an attorney, you should consult an attorney about serious
legal matters.
