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Montana Postnuptial Agreement

A Montana postnuptial agreement is a contract used by couples to establish the distribution of property in case the marriage ends in divorce or death. Postnuptial agreements are signed after the couple is already married.
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Signing Requirements

All contracts for marriage settlements must be in writing and notarized.[1]


Confidential Relationship: Montana law recognizes both “postnuptial agreements” and “separation agreements.” Postnuptial agreements are only available to couples “occupying confidential relations with each other, meaning couples not intending to divorce or those in a period of “reconciliation.”[2]

Separation Agreements: Separation agreements are made by couples planning to get divorced and are governed by Mont. Code Ann. § 40-4-201.

Unconscionability: Separation agreements are void if unconscionable.[3]