Montana Premarital Agreement

MONTANA PREMARITAL AGREEMENT

Mont. Code Ann. §§ 40-2-601 through 40-2-610

COMPLETION AND REVIEW GATE

Party A counsel: [________________________________]

Party B counsel: [________________________________]

First complete draft delivered to Party A: [__/__/____]

First complete draft delivered to Party B: [__/__/____]

Party A disclosure delivered: [__/__/____]

Party B disclosure delivered: [__/__/____]

Planned marriage date: [__/__/____]

Execution date: [__/__/____]

☐ Each Party received the final Agreement and every schedule before signing.

☐ Each Party had a meaningful opportunity to review and negotiate the Agreement with separate counsel.

☐ Each Party supplied a current written statement of property, financial obligations, income, and material contingent interests.

☐ Material valuations, tax issues, retirement benefits, business interests, trusts, estate rights, and non-Montana property were separately reviewed where applicable.

☐ No threat, concealed information, withheld schedule, wedding deadline, or undisclosed side promise is being used to obtain a signature.

STOP: Do not sign if a schedule is incomplete, a material fact is disputed, either Party wants more information, or either Party wants more time or advice.

1. PARTIES, PURPOSE, AND EFFECTIVE DATE

This Premarital Agreement ("Agreement") is signed on [__/__/____] by:

Party A: [FULL LEGAL NAME], residing at [ADDRESS]

Party B: [FULL LEGAL NAME], residing at [ADDRESS]

The Parties contemplate marriage to each other on or about [__/__/____]. They make this written Agreement in contemplation of that marriage and intend it to be governed by Montana's Uniform Premarital Agreement Act, Mont. Code Ann. §§ 40-2-601 through 40-2-610.

Under § 40-2-604, a premarital agreement must be in writing and signed by both Parties and is enforceable without consideration. Under § 40-2-606, this Agreement becomes effective upon marriage.

If the contemplated marriage does not occur, this Agreement does not become effective.

2. FINANCIAL DISCLOSURE

2.1 Attached Disclosures

Party A's disclosure is attached as Schedule A. Party B's disclosure is attached as Schedule B. Each schedule must identify, with current values or good-faith estimates:

• Real and personal property;
• Cash, investments, digital assets, and financial accounts;
• Business, partnership, trust, and contingent interests;
• Retirement, deferred-compensation, equity-compensation, and insurance interests;
• Income and material expected income;
• Mortgages, taxes, loans, guarantees, support obligations, litigation exposure, and other financial obligations; and
• The valuation date, valuation source, and any material uncertainty.

2.2 Acknowledgments

Each Party acknowledges that the Party:

☐ Reviewed the other Party's complete schedule and supporting information requested by that Party or counsel.

☐ Asked all questions the Party considered necessary and received responses before signing.

☐ Identified any disputed, estimated, contingent, jointly owned, or difficult-to-value item on the applicable schedule.

☐ Is not relying on an oral promise or financial representation omitted from this Agreement or its schedules.

2.3 No Generic Disclosure Waiver

This template does not include a waiver of additional disclosure. Under § 40-2-608(1)(b), an unconscionability defense requires the challenging Party to prove the statutory combination of deficient fair and reasonable disclosure, no voluntary express written waiver beyond the disclosure provided, and no actual or reasonably available adequate knowledge.

Any proposed disclosure waiver must be separately drafted after independent counsel identifies the disclosure already provided, the additional disclosure requested, and the information knowingly waived. A waiver should not replace usable schedules and supporting information.

2.4 Changes Before Marriage

Each Party will promptly disclose a material change occurring before marriage in a dated written supplement delivered to the other Party and both counsel with enough time for review. Supplements signed before execution are incorporated as follows:

[LIST SUPPLEMENTS / NONE]

3. AGREED PROPERTY CLASSIFICATION

Section 40-2-605(1)(a)-(c) permits the Parties to contract about rights and obligations in property, management and control, and disposition upon separation, marital dissolution, death, or another identified event. Under § 40-2-603(2), "property" includes present or future, legal or equitable, vested or contingent interests in real or personal property, including income and earnings.

The labels in this Agreement allocate rights between the Parties. They do not by themselves bind creditors, taxing authorities, retirement plans, insurers, business entities, trustees, title holders, or other third parties.

3.1 Party A Agreement Separate Property

Property identified for Party A in Schedule A, together with the following traceable proceeds, replacements, or agreed categories, will be Party A's separate property under this Agreement:

[________________________________]

3.2 Party B Agreement Separate Property

Property identified for Party B in Schedule B, together with the following traceable proceeds, replacements, or agreed categories, will be Party B's separate property under this Agreement:

[________________________________]

3.3 Shared Property by Agreement

The following property, accounts, acquisitions, contributions, or categories will be treated as shared property between the Parties under this Agreement:

[________________________________]

3.4 Earnings, Income, and Appreciation

Complete each material category. Do not rely on a single generic rule when active labor, retained business earnings, distributions, or mixed contributions may be involved.

3.5 Joint Title, Commingling, and Reclassification

Effect of joint title: [________________________________]

Effect of commingling while an asset remains traceable: [________________________________]

Effect of shared funds or labor applied to separate property: [________________________________]

Method for later reclassification: [________________________________]

The Parties will document any intentional gift, loan, contribution, reimbursement right, or reclassification involving a material asset. The record should identify the asset, source of funds, ownership after the transaction, and valuation method.

4. MANAGEMENT, TRANSFERS, AND RECORDS

Section 40-2-605(1)(b) permits agreed provisions concerning management and control of property.

Party A's authority over Party A Agreement Separate Property: [________________________________]

Party B's authority over Party B Agreement Separate Property: [________________________________]

Approval required for shared-property transactions: [________________________________]

Accounts and titles to be maintained: [________________________________]

Annual or event-based records and statements: [________________________________]

Treatment of loans, gifts, or transfers between the Parties: [________________________________]

The Parties will complete every deed, beneficiary designation, plan consent, trust amendment, entity approval, tax filing, or other instrument identified by counsel. The responsible Party and deadline for each separate instrument are listed in Schedule D.

5. FINANCIAL OBLIGATIONS AND TAX MATTERS

5.1 Existing Obligations

Each Party's existing mortgages, loans, taxes, guarantees, support obligations, and contingent liabilities must appear in Schedule A or B. Between the Parties, responsibility is allocated as follows:

5.2 Obligations During Marriage

Individually incurred obligations: [________________________________]

Household obligations: [________________________________]

Jointly signed obligations: [________________________________]

Business obligations and guarantees: [________________________________]

Tax obligations: [________________________________]

This allocation operates between the Parties. It does not release a Party from a debt owed to a creditor, create a defense obligation, establish a lien, authorize self-help, or bind a creditor that is not a party.

5.3 Tax Matters

The Parties will make tax-filing elections when returns are prepared with current tax advice. This Agreement does not determine a taxing authority's treatment.

Allocation of tax liabilities, refunds, estimated payments, audits, and professional fees: [________________________________]

Tax treatment of transfers, support, businesses, retirement assets, and death provisions reviewed by: [________________________________]

6. SPOUSAL SUPPORT

Section 40-2-605(1)(d) permits modification or elimination of spousal support. Select one option only after separate legal and financial review:

☐ Rights reserved. This Agreement does not modify or eliminate either Party's right to seek spousal support under law applicable when relief is requested.

☐ Mutual waiver. Each Party waives spousal support from the other, subject to § 40-2-608 and a court's determination of validity and enforceability.

☐ Custom provision. Spousal support is modified as stated in Schedule C, including amount or formula, duration, termination events, assumptions, and any security, subject to § 40-2-608.

Under § 40-2-608(2), if a modification or elimination of spousal support causes one Party to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court may require the other Party to provide support to the extent necessary to avoid that eligibility, notwithstanding the Agreement.

This statutory public-assistance rule is not a general promise that every later hardship or alleged unconscionability will produce support. Counsel should explain the selected provision and its reasonably foreseeable operation before execution.

7. DEATH, ESTATE, AND INSURANCE PROVISIONS

Section 40-2-605(1)(c), (e), and (f) permits provisions concerning disposition at death, wills or trusts used to carry out the Agreement, and ownership or disposition of life-insurance death benefits.

Select and describe only provisions reviewed by estate-planning counsel:

☐ No death-right waiver is made in this Agreement.

☐ Party A makes the specific provision or waiver stated in Schedule E: [________________________________]

☐ Party B makes the specific provision or waiver stated in Schedule E: [________________________________]

☐ Will, trust, or transfer-on-death obligation: [________________________________]

☐ Life-insurance ownership and beneficiary obligation: [________________________________]

☐ Residence, occupancy, purchase-option, or buyout provision: [________________________________]

Separate instruments, beneficiary or plan consents, disclosures, and funding required: [________________________________]

Estate-planning counsel and review date: [________________________________]

This Agreement does not itself change a beneficiary designation, retirement-plan election, deed, transfer-on-death registration, will, or trust. Counsel must coordinate each intended result with the controlling instrument and applicable law.

8. CHILDREN AND FAMILY MATTERS

Under § 40-2-605(2), a premarital agreement may not adversely affect a child's right to support. Accordingly:

• This Agreement does not determine or limit child support;
• This Agreement does not predetermine parentage, a parenting plan, decision-making, parenting time, relocation, or a child's best interests; and
• Any provision interpreted to adversely affect a child's right to support is not intended to be enforced to that extent.

Optional allocation between the Parties of agreed child-related expenses beyond any required support, subject to later court review: [________________________________]

9. VOLUNTARINESS AND ENFORCEMENT RECORD

Each Party states that the Party:

☐ Is signing voluntarily and may decline to sign.

☐ Has capacity to understand the Agreement.

☐ Received and reviewed the final Agreement and all schedules.

☐ Had a meaningful opportunity for separate legal advice and is identified with counsel above.

☐ Understands the property, support, death, and dispute provisions selected.

☐ Has not relied on an undisclosed promise about the marriage, wedding, property, support, inheritance, or enforcement.

☐ Has completed or crossed out every blank affecting the Party's rights.

Under § 40-2-608(1), a Party opposing enforcement may prove lack of voluntary execution. A Party may also prove that the Agreement was unconscionable when executed and establish all three disclosure, written-waiver, and knowledge conditions in § 40-2-608(1)(b)(i)-(iii). Unconscionability is decided by the court as a matter of law under § 40-2-608(3).

If the marriage is declared invalid, § 40-2-609 makes an agreement that otherwise would have been a premarital agreement enforceable only to the extent necessary to avoid an inequitable result.

Under § 40-2-610, an otherwise applicable limitation period for a claim under the Agreement is tolled during the marriage, while equitable defenses including laches and estoppel remain available.

10. AMENDMENT AND REVOCATION

After marriage, § 40-2-607 permits amendment or revocation only by a written agreement signed by both Parties; the amendment or revocation is enforceable without consideration.

This Agreement may not be amended by oral statement, informal course of conduct, or unilateral notice. Counsel should prepare any amendment or revocation and update affected estate, title, beneficiary, tax, retirement-plan, trust, and business instruments.

The optional acknowledgments below are included as evidentiary safeguards. Sections 40-2-604 and 40-2-607 require signed writings but do not state a notarization requirement. Use electronic signatures only after Montana counsel confirms that the intended method satisfies every applicable signature and evidentiary requirement.

11. INTERPRETATION AND DISPUTE ADMINISTRATION

Section 40-2-605(1)(g) permits the Parties to select the law governing construction of the Agreement.

Construction clause: Montana law governs construction of this Agreement, subject to mandatory law governing a person, asset, plan, third party, or proceeding.

Notice address for Agreement-related communications: [________________________________]

Good-faith meeting or mediation procedure, if desired: [________________________________]

Court and county, subject to jurisdiction and venue law when a proceeding is filed: [________________________________]

No arbitration clause, jury waiver, automatic prevailing-party fee clause, liability cap, bond waiver, cure period, force-majeure clause, or predetermined injunction is included. Any such provision requires a separately researched and counsel-approved addendum that preserves nonwaivable family-law issues and court authority.

If a provision is unenforceable, the Parties request enforcement of remaining provisions only to the extent a court determines that the Agreement and remaining terms may lawfully operate.

12. COMPLETE AGREEMENT AND COPIES

This Agreement and Schedules A-E state the Parties' complete premarital financial agreement. No recital, schedule, or drafting label overrides Montana's statutory enforcement standards.

Each Party will receive a complete signed copy, including every schedule and incorporated supplement, promptly after execution.

13. SIGNATURES

PARTY A

Signature: ______________________________________________

Printed name: [________________________________]

Date: [__/__/____]

PARTY B

Signature: ______________________________________________

Printed name: [________________________________]

Date: [__/__/____]

Optional Notary Acknowledgment — Party A

State of Montana
County of [________________________________]

This instrument was acknowledged before me on [__/__/____] by [PARTY A NAME].

Notary signature: ______________________________________________

Printed name: [________________________________]

Commission expires: [__/__/____]

Optional Notary Acknowledgment — Party B

State of Montana
County of [________________________________]

This instrument was acknowledged before me on [__/__/____] by [PARTY B NAME].

Notary signature: ______________________________________________

Printed name: [________________________________]

Commission expires: [__/__/____]

SCHEDULE A — PARTY A FINANCIAL DISCLOSURE

Annual and other material income: [________________________________]

Contingent interests and obligations: [________________________________]

Party A certifies that Schedule A is complete and accurate to the best of Party A's knowledge as of [__/__/____].

Party A signature: ______________________________________________

SCHEDULE B — PARTY B FINANCIAL DISCLOSURE

Annual and other material income: [________________________________]

Contingent interests and obligations: [________________________________]

Party B certifies that Schedule B is complete and accurate to the best of Party B's knowledge as of [__/__/____].

Party B signature: ______________________________________________

SCHEDULE C — CUSTOM PROPERTY AND SUPPORT TERMS

Asset-specific income, appreciation, contribution, and valuation rules:

[________________________________]

Selected spousal-support provision, assumptions, formula, duration, termination events, and security:

[________________________________]

Treatment of household contributions, reimbursements, and major expenditures:

[________________________________]

Party A initials: [____] Party B initials: [____]

SCHEDULE D — IMPLEMENTATION AND RECORDKEEPING

Periodic disclosure or record-exchange process: [________________________________]

SCHEDULE E — OPTIONAL DEATH AND ESTATE PROVISIONS

Complete only with estate-planning counsel. Identify each right reserved, waived, or replaced; the property and value disclosed; the practical consequence; and every separate instrument needed to implement the result.

Estate-planning counsel certification or memorandum attached: ☐ Yes ☐ No

Party A signature: ______________________________________________ Date: [__/__/____]

Party B signature: ______________________________________________ Date: [__/__/____]

SOURCES AND REFERENCES

• Mont. Code Ann. § 40-2-601 — Short title
• Mont. Code Ann. § 40-2-602 — Application and construction
• Mont. Code Ann. § 40-2-603 — Definitions
• Mont. Code Ann. § 40-2-604 — Formalities
• Mont. Code Ann. § 40-2-605 — Content
• Mont. Code Ann. § 40-2-606 — When agreement becomes effective
• Mont. Code Ann. § 40-2-607 — Amendment; revocation
• Mont. Code Ann. § 40-2-608 — Enforcement
• Mont. Code Ann. § 40-2-609 — Enforcement when marriage void
• Mont. Code Ann. § 40-2-610 — Limitation of actions