Montana Prenuptial Property Agreement

State:
Multi-State
Control #:
US-0347BG
Format:
Word; 
Rich Text
Instant download

Description

A prenuptial agreement (also known as an ante-nuptial agreement) is a written contract created by two people planning to be married. The agreement typically lists all of the property each person owns, as well as their debts, and it specifies what each person's property rights will be after they marry and upon the death of each. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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FAQ

Montana specifically allows married couples to contract with one another, meaning that postnuptial agreements are allowed by statute in the state. Montana couples can include provisions for division of property or even spousal support in the event of death.

Can a prenup protect my house? In short, yes, a prenup can protect your house. Describing future assets in great detail in your prenup agreement can protect home purchases or income down the line.

Spousal abuse or cheating does not void or invalidate a prenuptial or partition agreement unless the agreement specifically states that. Most prenuptial or partition agreements do not mention abuse or cheating.

Second, prenups can create a sense of inequality between the two people. By signing a prenup, one partner may feel as if they are more entitled to certain assets than the other. This can lead to resentment and arguments over who owns what. Finally, prenups can be a source of stress in a relationship.

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, ...

A prenuptial agreement does not cover the following: Child custody or visitation matters. Child support. Alimony in the event of a divorce. Day-to-day household matters. Anything prohibited by the law.

The ?infidelity clause? ? an up-and-coming trend in prenuptial agreements ? seeks to ensure that there are financial consequences for the cheater if that vow is broken. Infidelity clauses are quickly becoming the most popular lifestyle clauses in pre- and postnuptial agreements.

The contract becomes unenforceable if the court determines that one of the parties was dishonest or is guilty of misrepresentation. As with any legally binding document, prenup agreements must be prepared by a qualified lawyer.

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Montana Prenuptial Property Agreement