Updated May 17, 2023
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A Montana prenuptial agreement is a written agreement between a couple that is drafted prior to getting married or joining in a civil union. The document outlines the legal rights that each party will have regarding any property and finances owned by both parties during and after marriage. If an agreement unfairly and overtly favors one individual over the other, it may not be legally recognized in court. Most prenuptial agreements will state how property will be divided and if alimony will be paid in the event of a divorce. By making this type of contract, couples can avoid legal and financial strife down the road by preempting prolonged divorce proceedings and other legal conflicts.
Laws
- § 40-2-601 – Short title
- § 40-2-602 – Application and construction
- § 40-2-603 – Definitions
- § 40-2-604 – Formalities
- § 40-2-605 – Content
- § 40-2-606 –When agreement becomes effective
- § 40-2-607 – Amendment – revocation
- § 40-2-608 – Enforcement
- § 40-2-609 – Enforcement when marriage void
- § 40-2-610 – Limitation of actions