1.    This chapter applies to a premarital agreement or marital agreement signed after July 31, 2013.

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Terms Used In North Dakota Code 14-03.2-02

  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Property: includes property, real and personal. See North Dakota Code 1-01-49

2.    This chapter does not affect any right, obligation, or liability arising under a premarital agreement or marital agreement signed before August 1, 2013.

3.    This chapter does not apply to:

a.    An agreement between spouses which affirms, modifies, or waives a marital right or obligation and requires court approval to become effective; or

b.    An agreement between spouses who intend to obtain a marital dissolution or court-decreed separation which resolves their marital rights or obligations and is signed when a proceeding for marital dissolution or court-decreed separation is commenced.

4.    This chapter does not affect adversely the rights of a bona fide purchaser for value to the extent that this chapter applies to a waiver of a marital right or obligation in a transfer or conveyance of property by a spouse to a third party.