Prenuptial and postnuptial agreements in Montana

What the agreement addresses

Montana's statute enforces a premarital agreement that is written, voluntary and made with fair disclosure; without one, Montana's default rules decide.

• What remains separate property, including a business, a practice, land or an inheritance
• How income, appreciation and jointly acquired property are treated
• The family business or ranch and the owners who are not party to the marriage
• Provisions for children of a prior marriage and coordination with each spouse's estate plan
• Assets, a spouse or a business in more than one state, and which state's law governs the agreement
• Spousal support, within what Montana law permits
• Disclosure, timing and independent counsel, so the agreement holds
• Postnuptial agreements where circumstances have changed after marriage

Fee

Agreements are prepared for a fixed fee, quoted before engagement. The firm represents one party; the other is encouraged to have separate counsel, and the firm will suggest Montana attorneys for that purpose.

Who this is for

Individuals entering marriage with a business, land, significant assets or children from a prior marriage; owners whose partners or family require it; and married couples who want to settle these questions now rather than leave them to Montana's default rules.

The firm

Clearstone Law is a Montana corporate, commercial and private wealth firm based in Billings, serving clients across the state. Marital agreements are prepared within the firm's private client practice.

The agreement is prepared alongside the client's estate plan and business agreements, in coordination with the client's accountant and wealth manager where they are involved.