Montana § 40-2-608 Enforcement

Montana Statutes

§ 40-2-608 — Enforcement

Montana § 40-2-608

Title 40FAMILY LAW

Ch. 2HUSBAND AND WIFE

Part 6Uniform Premarital Agreement Act

This text of Montana § 40-2-608 (Enforcement) 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. § 40-2-608 (2026).

Text

40-2-608 . Enforcement.

(1)A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:

(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 sp

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40-2-608 . Enforcement. (1) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:
(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.