Montana Code 40-2-608. Enforcement
40-2-608. Enforcement. (1) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:
Terms Used In Montana Code 40-2-608
- Premarital agreement: means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. See Montana Code 40-2-603
- Property: means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings. See Montana Code 40-2-603
- Writing: includes printing. See Montana Code 1-1-203
(a)that party did not execute the agreement voluntarily; or
(b)the agreement was unconscionable when it was executed and, before execution of the agreement, that party:
(i)was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;
(ii)did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and
(iii)did not have or reasonably could not have had an adequate knowledge of the property or financial obligations of the other party.
(2)If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility.
(3)An issue of unconscionability of a premarital agreement must be decided by the court as a matter of law.