Free Montana Prenuptial Agreement Template

A Montana prenuptial agreement is an agreement between prospective spouses, made in contemplation of marriage, that takes effect on marriage. Montana adopted the Uniform Premarital Agreement Act in 1987 and later added separate rules for estate waivers.

Two parts of the Montana Code apply: Title 40 for the agreement generally and Title 72 for estate rights.

Challenges on the Divorce Side

Under MCA 40-2-608, the partner resisting enforcement must prove involuntary signing. Failing that, they need to prove unconscionability at signing. On top of that, they must show they received no fair disclosure, signed no disclosure waiver, and had no adequate knowledge of the other’s finances.

Changes After the Wedding

Section 40-2-607 allows amendment or revocation only by a written agreement both spouses sign.

Estate Rights Need Their Own Writing

MCA 72-2-243 covers the elective share, homestead allowance, exempt property, and family allowance. A spouse may affirm, modify, or waive those rights before or after marriage. However, only a written agreement that spouse signs will do, and it needs no consideration.

Today’s Elective Share

A 2019 overhaul reworked Montana’s elective share. Now § 72-2-232 lets a surviving spouse elect 50% of the marital-property portion of the augmented estate.

Section 72-2-243(3) lets the surviving spouse defeat an estate waiver in a Montana prenuptial agreement by proving any of these:

• Involuntary signing or duress
• Lack of access to an independent lawyer
• Neither a lawyer nor a plain-language explanation of the waived rights
• Too little financial information before signing

In this section, access to a lawyer has a specific meaning. First, the spouse needed a reasonable time to decide on, find, and consult a lawyer. Second, the statute refers to the other partner being represented, with the spouse either able to afford a lawyer or the other partner agreeing to pay the fees.

Similarly, adequate disclosure means a reasonably accurate description and good-faith value estimate of the other’s property, debts, and income. Alternatively, the spouse can waive further disclosure in a separate signed record.

1. Give each partner time to hire a lawyer. Build that into your schedule well before the wedding.
2. Offer to cover fees if needed. This matters when only one partner has counsel.
3. Next, exchange financial details. Include property, debts, income, and value estimates.
4. Explain estate rights in plain words. This is essential for any unrepresented partner.
5. Sign, and keep waivers separate. Put any disclosure waiver on its own signed page.

A Montana prenuptial agreement commonly covers:

• Property and support terms for divorce
• Any waiver of the elective share or allowances
• A plain-language explanation of those estate rights
• Each partner’s financial disclosure, summarized
• Notes on each partner’s legal representation
• Signatures and dates