PREMARITAL AGREEMENT

(STATE OF MONTANA)

TABLE OF CONTENTS

I. Document Header.................................................1
II. Definitions.....................................................2
III. Operative Provisions............................................4
IV. Representations & Warranties....................................7
V. Covenants & Restrictions........................................8
VI. Default & Remedies..............................................9
VII. Risk Allocation................................................10
VIII. Dispute Resolution............................................11
IX. General Provisions.............................................12
X. Execution Block................................................14

I. DOCUMENT HEADER

1. Parties

This Premarital Agreement (“Agreement”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

(a) [FULL LEGAL NAME OF PARTY A], residing at [ADDRESS] (“Party A”); and
(b) [FULL LEGAL NAME OF PARTY B], residing at [ADDRESS] (“Party B”).

2. Recitals

A. The Parties contemplate legal marriage to one another on or about [ANTICIPATED MARRIAGE DATE] (the “Marriage”).
B. Each Party owns certain property, has incurred or may incur certain liabilities, and desires to delineate the ownership, management, disposition, and distribution of such property and liabilities, both presently owned and hereafter acquired.
C. The Parties intend that this Agreement be enforceable under the Uniform Premarital Agreement Act as adopted in Montana (the “Montana UPAA”) and other applicable provisions of Montana family law.
D. The Parties have made full and fair disclosure of their respective financial circumstances prior to execution of this Agreement, have had adequate opportunity to consult independent legal counsel of their own choosing, and enter into this Agreement voluntarily and free from duress or undue influence.
E. In consideration of the forthcoming Marriage and the mutual promises herein, and intending to be legally bound, the Parties hereby agree as follows.

[// GUIDANCE: Attach each Party’s fully executed Financial Disclosure Statement as Schedule A and Schedule B. Attach a list of each Party’s Separate Property as Schedule C and Schedule D.]

II. DEFINITIONS

For purposes of this Agreement, capitalized terms have the meanings set forth below. Unless otherwise specified, references to Sections or Schedules are to sections or schedules of this Agreement.

“Affiliate” means, with respect to any person, a person that directly or indirectly Controls, is Controlled by, or is under common Control with such person.

“Control” (including, with correlative meanings, the terms “Controlled by” and “under common Control with”) means the power to direct or cause the direction of the management and policies of a person, whether through ownership of voting securities, by contract, or otherwise.

“Effective Date” has the meaning set forth in Section I.1.

“Financial Disclosure Statement” means the statement provided by each Party and attached hereto as part of Schedules A and B, containing a true, complete, and fair summary of such Party’s assets, liabilities, income, and expenses as of the Effective Date.

“Income” means all earnings, gains, dividends, distributions, rents, royalties, and profits derived from property or services, whether earned before or during the Marriage.

“Marital Property” means all property, real or personal, tangible or intangible, acquired by either or both Parties during the Marriage and not otherwise designated herein as Separate Property.

“Montana UPAA” has the meaning set forth in Recital C.

“Separate Property” means (i) all property listed on Schedules C (Party A) and D (Party B); (ii) any property acquired before the Marriage; (iii) any property acquired after the Marriage by gift, devise, descent, or inheritance specifically to one Party; and (iv) any proceeds, replacements, or appreciation of the foregoing.

“Specified Claim” means any claim arising out of or relating to breach of this Agreement, misrepresentation, or failure of disclosure by a Party.

III. OPERATIVE PROVISIONS

3.1 Characterization of Property

(a) Separate Property shall remain the sole and exclusive property of the owning Party, free from any claim of the other Party.
(b) Marital Property shall be owned by the Parties in accordance with Montana family law except as otherwise expressly set forth herein.

3.2 Management and Control

Each Party shall have the exclusive right to manage, control, encumber, convey, transfer, or otherwise dispose of such Party’s Separate Property without the consent of the other Party.

3.3 Income from Separate Property

Unless expressly re-titled or commingled with Marital Property, all Income derived from Separate Property shall likewise be deemed Separate Property.

3.4 Spousal Support / Maintenance

(a) Subject to Section 3.4(b), each Party knowingly and voluntarily waives any and all rights to spousal maintenance, support, or alimony from the other Party, both pendente lite and permanent, to the fullest extent permitted by Montana law.
(b) Notwithstanding the foregoing, no waiver shall be enforceable if, at the time of enforcement, it would render the Party seeking support eligible for public assistance or would otherwise be unconscionable under the circumstances then existing.

3.5 Death of a Party

(a) Nothing in this Agreement shall limit either Party’s right to voluntarily make testamentary or inter vivos transfers to the other Party.
(b) Except as otherwise provided herein or by voluntary election, each Party waives all statutory rights that such Party might otherwise acquire as surviving spouse in the Separate Property of the deceased Party, including but not limited to homestead, elective share, community share, exempt property allowance, and family allowance.

3.6 Debts and Liabilities

(a) Each Party shall be solely liable for his or her Separate Debts, whether incurred before or after the Marriage.
(b) Joint liabilities expressly undertaken in writing by both Parties shall be borne equally unless otherwise agreed in such writing.

3.7 Conditions Precedent

This Agreement shall become effective only upon solemnization of the Marriage. If the Marriage does not occur on or before [OUTSIDE DATE], this Agreement shall be null and void ab initio.

IV. REPRESENTATIONS & WARRANTIES

4.1 Mutual Representations

Each Party represents and warrants to the other that:
(a) Voluntary Execution. This Agreement is executed voluntarily and not as a result of fraud, duress, or undue influence.
(b) Full Disclosure. Such Party has provided the other with a full, fair, and reasonable disclosure of such Party’s financial circumstances in the attached Financial Disclosure Statement.
(c) Independent Counsel. Such Party has had the opportunity to consult with independent legal counsel of the Party’s own choosing and either has done so or knowingly waived the right to do so.
(d) No Conflict. Execution, delivery, and performance of this Agreement do not violate any existing court order or contractual obligation.
(e) Accuracy of Schedules. All information set forth in Schedules A–D is true, correct, and complete in all material respects as of the Effective Date.

4.2 Survival

The representations and warranties contained in this Section IV shall survive the execution and effectiveness of this Agreement and shall remain in full force and effect.

V. COVENANTS & RESTRICTIONS

5.1 Duty to Supplement Disclosure

Each Party covenants to promptly update and supplement the Financial Disclosure Statement if any material change occurs prior to the Marriage.

5.2 No Commingling

Except as expressly agreed in writing, neither Party shall intentionally commingle Separate Property with Marital Property.

5.3 Confidentiality

The Parties shall keep the terms of this Agreement and all related financial information strictly confidential, except (i) as required by law or court order, (ii) to enforce or defend this Agreement, or (iii) with the written consent of the other Party.

5.4 Insurance

Each Party shall maintain, at such Party’s sole cost, insurance reasonably adequate to satisfy such Party’s Separate Debts and any indemnification obligations hereunder.

[// GUIDANCE: Practitioners often insert life-insurance beneficiary designations here where spousal support has been waived.]

VI. DEFAULT & REMEDIES

6.1 Events of Default

Any of the following constitutes an “Event of Default”:
(a) A material breach of this Agreement;
(b) A material misstatement or omission in a Financial Disclosure Statement;
(c) The voluntary commencement of a bankruptcy or similar insolvency proceeding by a Party.

6.2 Notice and Cure

The non-defaulting Party shall provide written notice specifying the Event of Default. The defaulting Party shall have thirty (30) days to cure, if curable, following receipt of such notice.

6.3 Remedies

(a) Specific Performance. Because money damages may be inadequate, the Parties agree that any non-breaching Party shall be entitled to specific performance and injunctive relief to enforce the terms of this Agreement.
(b) Monetary Damages. The non-breaching Party may recover direct damages, subject to the limitations set forth in Section VII.
(c) Attorneys’ Fees. The substantially prevailing Party in any action to enforce this Agreement shall be entitled to reasonable attorneys’ fees and costs.

VII. RISK ALLOCATION

7.1 Mutual Indemnification

Each Party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party and such other Party’s heirs, executors, administrators, and assigns (collectively, “Indemnified Party”) from and against any Specified Claim arising out of or relating to:
(a) the Indemnifying Party’s breach of this Agreement; or
(b) any inaccuracy in or omission from the Indemnifying Party’s Financial Disclosure Statement.

7.2 Limitation of Liability

Except for (i) an Indemnifying Party’s willful misconduct or fraud, or (ii) obligations that cannot be limited under applicable law, the aggregate liability of each Party to the other under this Agreement shall not exceed [DOLLAR AMOUNT] (the “Liability Cap”).

7.3 Force Majeure

Neither Party shall be liable for failure to perform obligations (other than payment obligations) to the extent such failure is caused by acts of God, war, terrorism, civil unrest, epidemic, or other events beyond the reasonable control of the affected Party.

VIII. DISPUTE RESOLUTION

8.1 Governing Law

This Agreement and any claim arising hereunder shall be governed by, and construed in accordance with, the domestic relations laws of the State of Montana, without regard to conflicts-of-law principles.

8.2 Forum Selection

Subject to Section 8.3, any proceeding relating to this Agreement shall be brought exclusively in the [COUNTY NAME] Judicial District Court, Family Law Division, State of Montana (the “Designated Court”).

8.3 Limited Arbitration

(a) Scope. At the election of either Party, disputes solely concerning valuation or characterization of property may be submitted to binding arbitration administered by [ARBITRATION ADMINISTRATOR] under its then-current rules.
(b) Exclusions. Issues of child custody, child support, parenting plans, and any matter over which the Designated Court has exclusive statutory jurisdiction may not be arbitrated.
(c) Judicial Review. Any arbitration award shall be subject to confirmation, modification, or vacation by the Designated Court as provided under the Montana Uniform Arbitration Act.

[// GUIDANCE: Montana courts retain plenary authority over support and custody. Limit arbitration accordingly.]

8.4 Jury Waiver

To the fullest extent permitted by law, the Parties irrevocably waive any right to trial by jury in any proceeding arising out of or relating to this Agreement. The Parties acknowledge that family-law matters in Montana are tried to the court and not to a jury.

8.5 Injunctive Relief

Nothing in this Agreement shall limit either Party’s right to seek provisional or injunctive relief, including specific performance, from the Designated Court in aid of arbitration or to preserve the status quo.

IX. GENERAL PROVISIONS

9.1 Amendments and Waivers

No amendment or waiver of any provision of this Agreement shall be valid unless set forth in a written instrument executed by both Parties with the same formalities as this Agreement.

9.2 Assignment

Neither Party may assign or delegate any rights or obligations arising under this Agreement without the prior written consent of the other Party, except by operation of law upon death.

9.3 Successors and Assigns

This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, executors, administrators, personal representatives, and permitted assigns.

9.4 Severability

If any provision of this Agreement is held unenforceable, the remaining provisions shall be interpreted to effect the intent of the Parties, and the unenforceable provision shall be reformed to the minimum extent necessary to be enforceable.

9.5 Integration

This Agreement (including all Schedules) constitutes the entire agreement between the Parties concerning the subject matter hereof and supersedes all prior discussions, negotiations, and agreements, whether oral or written.

9.6 Counterparts; Electronic Signatures

This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. Signatures delivered by facsimile, PDF, or electronic signature technology (e.g., DocuSign) shall be deemed effective for all purposes.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates set forth below.

NOTARY ACKNOWLEDGMENTS

State of Montana )
County of ____ ) ss.

On this ___ day of ____, 20__, before me, the undersigned Notary Public, personally appeared [PARTY A], known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument, and acknowledged that he/she executed the same for the purposes therein contained.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

Notary Public for the State of Montana
My commission expires: ___

[Repeat acknowledgment for PARTY B.]

SCHEDULES (attached hereto and incorporated by reference)

• Schedule A – Party A Financial Disclosure Statement
• Schedule B – Party B Financial Disclosure Statement
• Schedule C – Party A Separate Property List
• Schedule D – Party B Separate Property List

[// GUIDANCE:
1. Confirm that all schedules are complete and signed/initialed by the Parties.
2. Advise each Party separately in writing to obtain independent legal counsel if not already represented.
3. File or lodge the Agreement with the District Court only if necessary for enforcement; otherwise maintain confidentiality.]