Montana § 40-16-105 Arbitration Agreement

Montana Statutes

§ 40-16-105 — Arbitration Agreement

Montana § 40-16-105

Title 40FAMILY LAW

Ch. 16FAMILY LAW ARBITRATION

Part 1Uniform Family Law Arbitration Act

This text of Montana § 40-16-105 (Arbitration Agreement) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 40-16-105 (2026).

Text

40-16-105 . Arbitration agreement.

(1)An arbitration agreement must:

(a)be in a record signed by the parties;

(b)identify the arbitrator, an arbitration organization, or a method of selecting an arbitrator;

(c)identify the family law dispute the parties intend to arbitrate; and

(d)specify how notice to arbitrate is to be given.

(2)Except as otherwise provided in subsection (3), an agreement in a record to arbitrate a family law dispute that arises between the parties before, at the time, or after the agreement is made is valid and enforceable as any other contract and irrevocable except on a ground that exists at law or in equity for the revocation of a contract.

(3)An agreement to arbitrate a child-related dispute that arises between the parties after the agreement is made is unenf

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40-16-105 . Arbitration agreement. (1) An arbitration agreement must:
(a) be in a record signed by the parties;
(b) identify the arbitrator, an arbitration organization, or a method of selecting an arbitrator;
(c) identify the family law dispute the parties intend to arbitrate; and
(d) specify how notice to arbitrate is to be given.
(2) Except as otherwise provided in subsection (3), an agreement in a record to arbitrate a family law dispute that arises between the parties before, at the time, or after the agreement is made is valid and enforceable as any other contract and irrevocable except on a ground that exists at law or in equity for the revocation of a contract.
(3) An agreement to arbitrate a child-related dispute that arises between the parties after the agreement is made is unenforceable unless:
(a) the parties affirm the agreement in a record after the dispute arises; or
(b) the agreement was entered during a family law proceeding and the court approved or incorporated the agreement in an order issued in the proceeding.
(4) If a party objects to arbitration on the ground the arbitration agreement is unenforceable or the agreement does not include a family law dispute, the court shall decide whether the agreement is enforceable or includes the family law dispute.