Welcome to scenic Montana! If you are considering entering into a prenuptial (or premarital) agreement, there are certain requirements you’ll have to meet in order for that agreement to be deemed valid in Montana.
Prenuptial agreements can help limit the expense of litigation regarding disputes relevant to the marital estate should one spouse die or should the parties divorce in the future. While you don’t have to visit an attorney to draft a prenup, Prenuptial Agreements must be in writing to be legally valid in Montana, and must meet certain requirements.
Montana follows the Uniform Premarital Agreement Act, and in doing so defines a Premarital Agreement in Montana as “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.” The Act defines Property, for purposes of a definition, as “an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.” Per the Act, a premarital agreement must be in writing and signed by both parties and is enforceable without consideration, and becomes effective upon marriage. Read the fine print here.
Official name for a prenup: Premarital Agreement
Property that is not marital: Separate Property
Property that is of the marriage: Marital Property
Spousal Support: Maintenance
Divorce: Dissolution of Marriage
After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by both parties. The amended agreement or the revocation is enforceable without consideration. Read the fine print here.
Per Montana’s Uniform Premarital Agreement Act, couples entering into a premarital agreement may contract with respect to the following:
(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;
(d) the modification or elimination of spousal support;
(e) the making of a will, trust, or other arrangement to carry out the provisions of the agreement;
(f) the ownership rights in and disposition of the death benefit from a life insurance policy;
(g) the choice of law governing the construction of the agreement; and
(h) any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.
Montana is a “no fault” divorce state, and an equitable division state. In order to grant a divorce, a Montana court must determine that either the couple has lived separately for more than 180 consecutive days before the petition for divorce is filed, or that there has been serious marital discord between the parties and there is no reasonable prospect of reconciliation. Read the fine print here.