The validity, enforceability, interpretation, and construction of a premarital agreement or marital agreement are determined:

Terms Used In North Dakota Code 14-03.2-03

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49

1.    By the law of the jurisdiction designated in the agreement if the jurisdiction has a significant relationship to the agreement or either party and the designated law is not contrary to a fundamental public policy of this state; or

2.    Absent an effective designation described in subsection 1, by the law of this state, including the choice-of-law rules of this state.