To make sure you comply with Montana`s law regarding prenuptial contracts, you should both have your own separate attorneys who are familiar with prenuptial contracts. An experienced lawyer will ensure that you are aware of all your legal rights, including: children. What are the financial and/or parental responsibilities of each party? If a child has special needs, what are they and who will take care of them? Are the children “planned” in the upcoming marriage? Remember that prenuptial arrangements cannot deny judicial authority to minor children in the event of separation or divorce. While parents may include their intention in terms of legal or physical custody in a prenuptial agreement, a court is not required to follow the terms of custody provisions contained in prenuptial agreements. Because Montana law provides property rights for a surviving spouse, each legally married couple has an “implied prenuptial agreement” in the marriage.2 Married couples who want an agreement that reflects their own values and goals, rather than those provided by the state, should consider a prenuptial agreement. The main benefit of a prenuptial arrangement is that you and your future spouse can solve difficult problems with money, property, and past and future financial obligations before you get married, just in case your marriage ends. Without a prenuptial agreement, Montana`s divorce laws govern how your property is divided, which can result in a lot of time and waste of money in court. If you and your partner decide to enter into a prenuptial agreement before you get married in Montana, be aware that this decision comes with important legal considerations. The basis of a well-established marriage contract should address issues that would arise only in the case of legal separation or divorce, in particular in the case of a State-specific marriage regime that could have an impact on that phenomenon in the case of marriage. It should include the transfer of property as well as property rights to both parties. Whether you come from a wealthy background or not, a marriage contract is a good idea. A marriage contract can protect property in the event of divorce. Avoid these common mistakes to make sure your prenuptial agreement fully protects your rights and those of your partner.
Yes! To protect their interests, each future husband and wife should have an individual legal advisor before signing the contract. The advice of an independent lawyer is the most important factor in determining that the contract was signed voluntarily. Without a separate lawyer for the future husband and wife, it is possible for a judge to cancel the prenuptial contract and declare it invalid. However, there are specific requirements that must be followed for a marriage contract to be valid and enforceable, which may require the assistance of a qualified family law lawyer to manage effectively. A Montana marriage contract attorney from Bulman, Jones & Cook PLLC can help you navigate this complicated area of law and ensure your rights are protected. Contact our law firm in Missoula, Montana to discuss your legal needs during a free consultation with an experienced lawyer, call today. A prenuptial contract can create an atmosphere of open discussion in your new relationship that spills over into marriage so that future concerns about money, work, children, home, and other mutual issues can be discussed openly. Montana courts will uphold prenuptial contracts if both parties understand the legal consequences of the contract at the time of signing and financial disclosure of the property has occurred. Both parties must be aware of all important facts at the time of drafting the contract. Under Montana`s Uniform Prenuptial Agreements Act, couples entering into a prenuptial agreement cannot enter into a contract relating to: a child`s right to child support cannot be affected by a prenuptial agreement. (e) the establishment of a will, trust or other agreement to implement the provisions of the agreement; While some couples have separated or postponed marriage indefinitely after the start of prenuptial contract negotiations, one may wonder if they can not struggle through the process of drafting a prenuptial contract, how will they compromise during a marriage.
Both parties voluntarily entered into the prenuptial contract. Written agreements are increasingly common among couples who want to prevent disputes after marriage or who have disputes after marriage. In many cases, these contracts solve problems related to the division of property and assets more effectively than court proceedings or mediation after a divorce application. Bradley J. Jones, a Montana family law attorney, has extensive experience assisting couples with marriage contracts. The agreement was conscientious at the time of its execution. It is important to work together with the help of experienced lawyers to create a fair and impartial marriage contract. An experienced lawyer will know what to include in the marriage contract and not include, so that he not only represents both parties fairly, but also respects the law.
If this agreement contains scandalous provisions that favour one party, this may discredit the whole agreement. Common examples of outrageous provisions are as follows: In Montana, a prenuptial agreement is a great way for a engaged couple to protect their property from marriage and long before divorce is even a consideration. And these deals are not something that only the rich should consider. Prenuptial agreements can be beneficial for couples considering a second marriage, especially if children are involved and in cases where there are different assets. It may also be a good idea to consider one where wealth is just a possibility. .