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Prenups in Montana While you don't have to visit an attorney to draft a prenup, Prenuptial Agreements must be in writing to be legally valid in Montana, and must meet certain requirements.

In many states, you can create a prenup yourself. However, this may not fly in some states that require a lawyer. Even if you are in a state that allows do-it-yourself prenups without a lawyer, you are still walking on a dangerous tightrope with no tightrope experience.

Montana follows the Uniform Premarital Agreement Act, and in doing so defines a Premarital Agreement in Montana as ?an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.? The Act defines Property, for purposes of a definition, as ?an interest, present or future, ...

Montana specifically allows married couples to contract with one another, meaning that postnuptial agreements are allowed by statute in the state. Montana couples can include provisions for division of property or even spousal support in the event of death.

When two people marry, separate property typically becomes marital property and is subject to division during a divorce. A prenuptial agreement can allow a spouse to keep his or her property separate. Thus, anyone who wants to keep control of his or her assets and property may need a prenuptial agreement.