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 Bulman, Jones & Cook PLLC 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 today.
A premarital agreement, also known as 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 your 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, including:
Ensuring 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
Ensures that both you and your spouse 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 your 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 today for a Free Consultation.