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The Montana prenuptial agreement is a legal document that enables the parties that are about to get married to define their financial relationship during the marriage and in the event of a divorce.
As indicated in the definition above, the parties don’t only use the prenuptial agreement after marriage. This document can also regulate the rights and responsibilities of each spouse in terms of the assets they will accumulate during the marriage.
The prenuptial or prenup agreement is not only used by wealthy spouses, either. Any party that has accumulated certain assets prior to marriage or has certain liabilities that partners do not want to include in the marital estate can use the agreement as well.
Laws and Legal Requirements for a Prenuptial Agreement in Montana
Title 40, Chapter 2, Part 6 of the Montana Code provides the legal framework for the Montana prenuptial agreement form. For the prenuptial agreement, state law uses the term premarital agreement. It defines it as “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.”
Moreover, Section 40-2-603 defines property as “an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.”
Signing Requirements for a Prenuptial Agreement in Montana
Section 40-2-604 outlines the formalities that must be met for the Montana prenuptial agreement to be valid.
It requires the prenuptial agreement to be made in written form. Moreover, both parties to the prenuptial agreement must sign the document. Finally, the state law provides that the prenuptial agreement will be considered enforceable without consideration.
Although the state law doesn’t set this as a requirement, the parties should also consider notarizing their prenuptial agreement. The notary public will additionally confirm the authenticity of the parties’ signatures, which will prevent potential disputes and fraudulent activities.
Prenuptial Agreement Enforcement in Montana
The court can decide to declare unenforceable certain provisions or even the whole prenuptial agreement if one of the parties proves that:
Prenuptial Agreement Enforcement Conditions
They have signed the document against their will
The document was “unconscionable” before the parties signed it, and the other party didn’t provide a complete or truthful overview of their financial status before the agreement was signed
The agreement can change or cancel one party’s spousal support, and it can cause that party to become eligible for support under a program of public assistance. If that happens, the court might require another party to support the financially endangered one, regardless of the provisions of the prenuptial agreement.
What Can a Prenuptial Agreement in Montana Cover?
The parties are free to include any provision in their prenuptial agreement template. However, the provisions must not violate state law or public policy.
Section 40-2-605 provides the most common provisions that are included in the prenuptial agreement form:
Provisions in a Prenuptial Agreement
Rights and obligations of the future spouses for their individual property
Right to buy, sell, lease, mortgage, exchange, encumber, dispose of, and manage the property acquired during the marriage
Rules on how the parties will divide the property in case the parties get divorced or separated, as well as in case of a death or other similar situations
Modification or elimination of spousal support or alimony
Matters related to the creation of a will, trust, or other arrangements for carrying out the provisions of the agreement
The state law also provides that the prenuptial agreement cannot regulate matters like child support since that matter is in the exclusive jurisdiction of the court.
Prenuptial Agreement in Montana: Validity Criteria
The prenuptial agreement must fulfill all the formality criteria set by the state law to be considered valid. This means that the document must be made in writing and that both parties to the agreement must sign it. Besides the formality criteria, the validity of the prenuptial agreement is also connected to the existence of the marriage. The prenup agreement will not be valid if the parties don’t get married after signing it.