Prenuptial agreements can help limit the expense of litigation regarding disputes relevant to the marital estate should one spouse die or should the parties divorce in the future. While you don’t have to visit an attorney to draft a prenup, Prenuptial Agreements must be in writing to be legally valid in Montana, and must meet certain requirements.

Montana follows the Uniform Premarital Agreement Act, and in doing so defines a Premarital Agreement in Montana as “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.” The Act defines Property, for purposes of a definition, as “an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.” Per the Act, a premarital agreement must be in writing and signed by both parties and is enforceable without consideration, and becomes effective upon marriage. Read the fine print here.