The Montana Prenuptial Agreement is a contract between prospective partners that outline each spouse's entitlements during divorce or death. A prenuptial contract only takes effect once you and your future spouse get married and decide how to distribute your assets and income in the event of a divorce.
In addition, the main advantage of a prenuptial agreement is that it enables you and your potential spouse to handle financial issues, including property, debts, and financial obligations before you are married. If you do not have a prenuptial contract, Montana's divorce rules will prevail on deciding how your assets get distributed, which might lead to a lot of time and money in court.
Who Needs a Prenuptial Agreement?
Below is a list of people who must enter into a prenuptial agreement.
- People who had children from a previous marriage and want to protect their children's well-being enter into premarital agreements.
- People with assets, especially if one spouse contributes much more to the marriage than the other, and people who have already gone through a difficult divorce and wish to prevent it from happening again.
If one wants to decide what will happen to the assets and possessions if the marriage does not work out, a premarital agreement may be helpful even if the person doesn't fall under one of these categories.
What Matters Can a Premarital Agreement in Montana Cover?
Premarital agreements can address any issues about property, money, and debts that are yours or your future spouse's. Your Montana prenuptial agreement might include provisions for the following:
- How do you want to combine or share the assets you bring to the marriage?
- How do you repay loans taken out before getting married?
- How will the family house and other shared assets be divided?
- If income will be deposited into joint or individual bank accounts.
- If gifts, trusts, and inheritances will get regarded as separate or marital property.
- Whether either spouse in the case of divorce will remain entitled to alimony (also known as "support").
Can Montana Prenuptial Agreement Decide Child Care and Support?
In Montana, a prenuptial agreement may specify choices for child custody and support and details related to what will happen to your children and your wife during your marriage. Nevertheless, the rules of your agreement are not required to be followed by the courts. Both partners have the right to ask the court to determine who should get the children's custody and how the child maintenance payment must get settled, even if you and your partner agreed to custody and child support for future children in your premarital agreement.
Conclusion
In a nutshell, a Montana prenuptial contract must always be in writing to be enforceable. Next, following the UPAA (Uniform Premarital Agreement Act), the prenuptial agreement must be "voluntarily" signed by both you and your future spouse, as it demonstrates that you were not forced to sign the agreement.
So if you are searching for an attorney to execute your prenuptial contract, our attorneys at ContractsCounsel can help you. Our professionals can help you draft a comprehensive premarital contract and ensure that you remain aware of your legal rights.
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Meet some of our Prenuptial Agreement Lawyers
Joshua S.
Joshua is an experienced attorney with deep expertise in finance, corporate, and business law. He offers practical legal solutions and personal service. As Managing Partner of Soloway Group PC, he advises startups, growing companies and investment funds on key issues, from formation to fundraising, stock issuances, trademarks and general business. He started out structuring funds and transactions at PwC before launching his own firm in 2009. He has been a partner in several New York law firms and has founded several companies including a banking firm, a real estate business, and a Cleantech company. Joshua has also served as Chief Legal Officer and Chief Strategy Officer of several companies in the tech, real estate, consulting, and sustainability industries. Prior to law school he was an early employee at a SoftBank-backed startup until it’s acquisition. Over the years, Joshua has helped many clients to launch, finance and grow successfully.
September 14, 2023
Sarina G.
Hi, I'm Sarina. Thank you for taking the time to read my bio! In 2019, I graduated summa cum laude from Capital University Law School. While in law school, I was a staff member and editor on the Capital University Law Review. I was also involved in the Volunteer Income Tax Assistance Program and Operation Legal Help Ohio, a program which provides legal assistance to veterans. One of the highlights of my law school experience was my externship with Judge Jeffrey Sutton in the United States Court of Appeals for the Sixth Circuit. After law school and passing the Ohio bar exam, I worked for two years as an associate at an AmLaw 100 law firm, where my practice focused on corporate, healthcare, and regulatory law. I then took an in-house position at one of the largest insurance brokerage firms in the USA, where I oversaw corporate governance, mergers and acquisitions, contracts negotiations, intellectual property, and other general corporate matters. Specifically, I am proficient in business law, navigating due diligence during acquisitions, contract drafting and review, and providing effective advice in the nuanced field of regulatory law. I prioritize responsiveness and thoroughness. Please do not hesitate to reach out to me with any questions!
September 14, 2023
Benjamin T.
I’m an Attorney working out of Marion, Ohio. Born and raised in Toledo, Ohio. I completed undergrad at the University of Toledo. I completed law school at Barry University in Orlando, Florida.
September 14, 2023
Rachel B.
I am a new attorney who is licensed to practice in Connecticut and Massachusetts. I am waiting for bar admission to North Carolina. I have over 20 year of experience working in both the public and private sectors. I am a fierce advocate for my clients and am committed to delivering solutions for clients with excellence.
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Christopher X.
Recent law school graduate with an undergraduate degree in biomedical engineering degree passionate about the intersectionality of law and life sciences. Admitted to New York and New Jersey Bar. Ability to add value in a pharmaceutical or biotechnology entity and provide a unique perspective to multiple disciplines.
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Presently, I am a civil rights and insurance litigation attorney with a focus on representation government entities. Prior to this, I’ve represented some of the largest financial institutions in the world in litigation.
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James H.
Attorney James is an experienced Attorney, Federal Law & Tax Specialist, Corporate Counsel, Tax Lawyer and Mediator. Experienced in Contract Drafting, Corporate Formation, Corporate Governance, Federal Administrative Law, Regulatory Compliance, Tax Settlement, Tax Planning, Merger/Acquisition, Business Law, Collection, Insurance Claims, Employment Law, Immigration, Non-Profit Governance Licensed Corporate Counsel in State of Delaware Supreme Court Bar #900646 Attorney: US District Court of the District of Columbia, Washington DC Federal Bar #DE0003 US Bankruptcy Court of The District of Columbia, Washington DC Federal Bar #DE0003 Tax Advisor: IRS Registered Tax lawyer/PTIN, PTIN (over 10 years experience) US Federal Agencies, Boards and Commissions, Federal Administrative Law and Regulatory Compliance Business law services: Administrative Law, Business Law, Collections, Bankruptcy, Corporate, Employment, Regulatory Compliance, Corporate Counsel, Immigration
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Prenuptial Agreement
Massachusetts
How does a prenuptial agreement affect estate planning?
I am getting married soon and I am interested in understanding how a prenuptial agreement would affect my estate planning. I would like to know what steps I should take to ensure that my assets are protected and that my wishes are carried out after I pass away. I am also curious as to how a prenuptial agreement might affect the distribution of my assets to my family members and other beneficiaries.
Briana C.
A prenuptial agreement does not create an estate plan. But it can do two things. First, a prenuptial agreement can create a contractual promise on the part of one or both spouses to do something in particular with their estate plan (such as promising to leave the marital home to the surviving spouse, or promising to leave everything they have to the surviving spouse, or promising to set up a trust, etc. etc.). If this contractual promise is broken, the surviving spouse has a contract claim against the estate of the dead spouse. Second, and almost the opposite, in a prenuptial agreement one or both spouses can waive the rights they would otherwise have by statute, thus freeing up the other spouse to do whatever he or she wants with her estate plan. Without a prenuptial agreement, a surviving spouse is entitled by statute to inherit a certain proportion of the estate of the dead spouse (the exact proportion depends on whether or not the dead spouse has a will, and/or has surviving children). The prenuptial agreement can override these statutory rights and provide that the surviving spouse is not entitled to inherit anything from the dead spouse, except for anything the dead spouse may choose to leave the surviving spouse in his or her will.
Family
Prenuptial Agreement
Massachusetts
Is a prenuptial agreement legally binding?
I am planning to get married and I have been advised to consider a prenuptial agreement to protect my assets in the event of a divorce. However, I am unclear on the legal validity and enforceability of a prenuptial agreement and whether it can be challenged or overturned in court. Therefore, I would like to seek the advice of a lawyer to help me understand the legal implications of a prenuptial agreement and ensure that my interests are protected.
Briana C.
Judges in most cases honor and enforce (signed and notarized) prenuptial agreements between two spouses as long as both parties entered it freely and voluntarily and with full knowledge of one another financial circumstances, and the agreement is not "unconscionable." A prenuptial agreement may not be enforced if (1) either party signed it under duress or coercion or undue pressure (or, say, the night before the wedding), (2) the party seeking to enforce it did not truthfully and completely disclose their financial information, or (3) enforcing the prenup would leave one spouse so destitute that they could not meet their most basic living expenses (i.e., would be forced onto welfare). In short, the prenuptial agreement will be enforced if (1) all the procedural requirements were met at the time it was signed and (2) the terms are not unconscionable, taking into account the circumstances existing at the time of divorce.
Family
Prenuptial Agreement
California
Are prenuptial agreements public record?
My partner and I are considering signing a prenuptial agreement before getting married. I want to keep it confidential and I'm not sure if we have to file this with the state or when we get married and would be publicly available?
Michael M.
Prenuptial Agreements are private agreements between the parties. They are typically not public, however, if the matter goes to court, they can be made part of the public record.
Family
Prenuptial Agreement
Massachusetts
How does a prenuptial agreement affect taxes?
As a couple planning to get married, my partner and I are concerned about the tax implications of a prenuptial agreement. We are wondering if entering into a prenuptial agreement will have any impact on our tax obligations or if there are any specific tax considerations that we should be aware of. We are seeking advice from a lawyer who can provide us with guidance on this matter.
Briana C.
A prenuptial agreement does not in itself affect how taxing authorities will treat the spouses. But it can create promises between the spouses toward one another. For example, it may create a promise to file jointly, or specify that they are making no such promise. And it can create a promise by each spouse to pay the other back for any taxes the other pays on his or spouse's behalf. The decision whether to file jointly or separately does have tax implications with taxing authorities.
Family
Prenuptial Agreement
Texas
Can a prenuptial agreement be challenged in court?
I am recently engaged and am considering entering into a prenuptial agreement with my fiancé. We have differing financial backgrounds and I am concerned that the agreement may not be fair to either of us. I want to understand if a prenuptial agreement can be challenged in court and the conditions under which this could happen.
Nicole P.
Texas calls prenuptial agreements "Premarital Agreements". These agreements, just like any other contract, can be challenged in court. A challenge to the agreement does not mean it will be found invalid, however. Surviving a challenge to the premarital agreement is primarily accomplished all the way back to when the agreement is drafted and executed. There are requirements or prohibitions for the agreement terms to be valid, which are too numerous to list here, but can be found in the Texas Family Code, chapter 4. In Texas, no consideration is required, but the Agreement must be in writing, and signed by both parties. It must be free from fraud and duress, and entered into voluntarily. It cannot be unconscionable, and the parties must provide a fair and reasonable disclosure of the property and financial obligations (unless waived). Enforcement of a premarital agreement falls under the Texas Family Code 4.006. Additionally, any provision that would adversely affect the support of children is going to be prohibited. Conservatorship and possession/access (custody and visitation) will always be determined by the Court under the best interest of the children standard, regardless of what may have been put into the agreement. The best way to survive a challenge is to hire a competent attorney to draft the agreement, ensure the agreement complies with the Texas Family Code, provide a fair and reasonable disclosure from both parties, both parties being represented by their own attorney when entering into the agreement, and ensuring the agreement is available for review far in advance of the wedding date.
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Prenup
Location: Texas
Turnaround: Over a week
Service: Drafting
Doc Type: Prenuptial Agreement
Number of Bids: 4
Bid Range: $800 - $1,000
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Felter Prenup
Location: Pennsylvania
Turnaround: Over a week
Service: Drafting
Doc Type: Prenuptial Agreement
Number of Bids: 3
Bid Range: $900 - $1,500
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