Prenuptial Agreement Lawyers In Montana

Written agreements are becoming increasingly common among couples who wish to prevent or post-marriage disputes. In many instances, these Contracts resolve issues regarding Property and Asset Division more efficiently than court proceedings or Mediation following a Divorce filing. Montana Family Law attorney, Bradley J. Jones has extensive experience helping couples with Prenuptial Agreements.

Many couples make the mistake of neglecting to discuss finances before their wedding. Getting married itself is exciting, and as a result, you may fail to consider the possibility of future difficulties with money or property. A prenuptial agreement can create rules for the treatment of separate and marital assets. The guidelines this Contract establishes may apply during the marriage or become the basis for a Separation Agreement or Divorce.

However, there are specific requirements that must be followed for a prenuptial agreement to be valid and enforceable that can require the assistance of a skilled Family Law attorney to effectively manage. A Montana prenuptial agreement lawyer from Jones & Cook Attorneys at Law can help you navigate through this complicated area of law and work to ensure your rights are protected. Contact Our Firm in Missoula, Montana to discuss your legal needs in a Free Consultation with an experienced attorney, call (406) 543-3800 today.

Protect your property with a Prenuptial Agreement

A premarital agreement, also called an antenuptial or prenuptial agreement, is a contract between future spouses that sets out the rights of each spouse in the event of Divorce or death. A premarital agreement becomes effective only when you and your spouse get married.

The major benefit of a premarital agreement is that it allows you and your future spouse to resolve the challenging issues of money, property, and prior and future financial commitments before you get married, just in case your marriage ends. Without a premarital agreement, Montana divorce laws will determine how your property is divided, which can result in lots of time and money wasted in court.

In the event of your marriage coming to an end, a prenuptial agreement has a predetermined plan in place for your division of property and income. Without a premarital agreement, Montana divorce laws will determine how your property is divided, which can result in lots of time and money wasted in court.

In Montana, premarital agreements can also include information pertaining to Child Custody and child support, though this is not set in stone. The court is not required to follow the terms of your agreement, if you and your spouse agree on the terms of custody and child support, either of you can petition the court for changes to be made to your original agreement.

To ensure you premarital agreement is enforceable in Montana be sure to adhere to the following rules set forth by the Uniform Premarital Agreement Act (UPAA):

  • A premarital agreement must be in writing to be enforceable.
  • Both parties entered into the premarital agreement voluntarily.
  • The agreement was conscionable when it was executed.

To make sure you adhere to Montana law regarding prenuptial agreements, you should both have your own separate lawyers who are well versed in premarital agreements. An experienced attorney will ensure you are informed of all of your legal rights; make sure there is ample time before your wedding for you and your future spouse to review, discuss, and revise your premarital agreement as needed before you sign it; ensuring you don’t sign your prenuptial agreement under pressure; and make sure you both disclose all of your property, assets and debts prior to signing the agreement. Failing to fully disclose assets can result in the court refusing to enforce you premarital agreement.

Premarital agreements are complicated and impact your future rights as a spouse. Consult experienced Montana Family Law attorney Bradley J. Jones before you sign one. Call (406) 543-3800 today for a Free Consultation.

Frequently Asked Questions

A prenuptial agreement is a contract between future spouses that sets out the rights of each spouse in the event of divorce or death. A premarital agreement becomes effective only when you and your spouse get married.

While a prenuptial agreement simplifies the process of divorce, it also can be seen as a proactive dispute resolution system. It promotes communication between future spouses so they are fully aware of the other’s financial situation and other issues prior to marriage. If you are a person who has substantial individual or family assets, a prenuptial agreement attorney may be a great way to specify how debt and other financial issues will be handled in the marriage. Additionally, some people who have gone through a divorce before may want to avoid some of the mistakes made the first time. If you are in a same sex relationship and want to make the relationship official, a prenuptial agreement can utilize contract law to determine the rights of each party upon dissolution.

Parties who have substantial assets and want to protect premarital and inherited assets at divorce. A party who has a professional practice or other service business and wants to limit a spousal claim. Someone whose intended spouse has substantial debt or a support obligation from a prior marriage. A party that is entering into a second marriage and those who have children from previous relationships. An older couple that is blending their families together and want to limit the spousal elective share so their children can inherit their assets. A party who had an expensive divorce and wants to avoid a repeat of that situation. Persons who have watched their friends or parents divorce. Same-sex couples who may or may not have the protection of the law regarding their union and division of assets upon the dissolution of that union.

A prenuptial agreement promotes communication before marriage about assets and liabilities. It provides certainty as to rights and obligations on divorce. It may increase trust about the other’s intentions. It may reduce the chance of litigation upon divorce and in addition reduce those litigation costs.

A prenuptial agreement establishes how property matters will be handled in the future. It determines the rights and obligations of each party with regard to the right to buy, sell, use, transfer, exchange, abandon, lease, or otherwise dispose of, control, or manage certain property. A prenuptial agreement can establish the future dispositions of property upon separation and/or marital dissolution. A prenuptial agreement can modify or eliminate spousal support. It can limit a spousal claim to property acquired during marriage. It can limit or waive the right to attorney’s fees in the event of divorce. Parties to prenuptial agreements can agree to alter the default rights and obligations under the law in many ways, but as a general principal they cannot negatively impact the well-being of a child.

No. To make sure you adhere to Montana law regarding prenuptial agreements, you should both have your own separate lawyers who are well versed in premarital agreements.

A prenuptial agreement must be in writing, signed by both parties, and becomes effective at the time of the marriage.
The agreement must be entered into voluntarily by both parties. Each party must voluntarily and fully disclose to the other information about their property and financial obligations, or must voluntarily waive such a disclosure in writing. If neither of these things has happened, and one party could not reasonably have known the relevant information, the agreement may not be enforceable. It is best to execute a prenuptial agreement well in advance of the wedding to avoid one party later claiming they did not have time to fully consider the issues.

A prenuptial agreement should be signed before your marriage ceremony. Should the agreement later be challenged, the court will be less likely to question whether one of the parties entered into the agreement under duress, coercion, or undue influence. Signing the document in advance ensures that both parties have had sufficient time to consider the agreement before getting married.

Yes, it is essential that each party discloses their finances to the other (including all income, assets and debts). The prenuptial agreement can be challenged in court if it is later revealed that one of the parties did not disclose or hid assets at the time the agreement was created. In the interests of full disclosure, it is smart practice to attach financial statements detailing the financial situation of each party.

Usually, for a prenuptial agreement to be held valid and enforceable by a court it must comply with the following requirements:

  • The agreement must be in writing, signed and witnessed.
  • Both parties must have provided complete disclosure of all assets liabilities.
  • If parties have legal representation, each party must retain their own lawyer to ensure they receive independent legal advice.
  • There cannot be any evidence of duress, coercion, or undue influence.
  • Provisions between the parties must be legally permissible.

After you marry, both you and your spouse have to agree to change or terminate your premarital agreement, make the changes in writing, and sign it. Because premarital agreements are complicated and impact your future rights as a spouse, you should always consult an experienced Montana family law attorney before signing one.