Montana § 40-2-608 Enforcement

Montana Statutes

§ 40-2-608 — Enforcement

Montana·Title 40 FAMILY LAW·Ch. 2 HUSBAND AND WIFE·Part 6 Uniform Premarital Agreement Act

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.

Montana § 40-2-608 (Enforcement) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.