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Getting married is exciting, and often in the fervor of planning a wedding or envisioning a life together, couples neglect to discuss finances before their weddings. In fact, many couples are uncomfortable considering the possibility of future difficulties with money, property, or that the relationship could end. At Orr McDonnell Law, PLLC, we encourage our clients to hope for the best, plan for the worst, and to seek to resolve or prevent post-marriage disputes by entering into a prenuptial agreement.
A prenuptial agreement, also known as a premarital or antenuptial agreement, is a contract between future spouses that sets out their respective rights in the event of a divorce or death. These agreements can create rules for the treatment of separate and marital assets and can allow you and your future spouse to resolve challenging issues before marriage. These agreements become effective only when parties get married.
In order for a prenuptial agreement to be valid and enforceable, it must be in writing, both parties entered into the agreement voluntarily, and the agreement was conscionable when it was entered. To make sure that a prenuptial agreement complies with Montana law, both parties should be represented by separate counsel who are adept at reviewing and drafting prenuptial agreements.