Unenforceable terms
N.D. Cent. Code § 14-03.2-09
in effect14-03.2-09. Unenforceable terms
1. In this section, "parental rights and responsibilities" means all the rights and
responsibilities a parent has concerning the parent's child.
2. A term in a premarital agreement or marital agreement is not enforceable to the extent
that it:
a. Adversely affects a child's right to support;
b. Limits or restricts a remedy available to a victim of domestic violence under law of
this state other than this chapter;
c. Purports to modify the grounds for a court-decreed separation or marital
dissolution available under law of this state other than this chapter; or
d. Penalizes a party for initiating a legal proceeding leading to a court-decreed
separation or marital dissolution.
3. A term in a premarital agreement or marital agreement which defines the rights or
duties of the parties regarding parental rights and responsibilities is not binding on the
court.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t14c03-2.pdf#nameddest=14-03p2-09Fetched: 10/16/2026