Revocation of Premarital or Prenuptial Agreement
Sometimes there are areas of law about which Uniform Acts
are written and adopted by the various states. Premarital Agreements
is such as area of law. The NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM
STATE LAWS adopted the final version of the Uniform Premarital Agreement
Act in 1983. Since that date, the act, as modified by the various
states, has been adopted in the following states: Arizona, Arkansas, California,
Connecticut, Delaware, District of Columbia, Hawaii, Idaho, Illinois, Indiana,
Iowa, Kansas, Maine, Montana, Nebraska, Nevada, New Jersey, New Mexico,
North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Texas,
Utah and Virginia. At the heart of the act is the provision which
provides that such an agreement is generally valid if it is in writing and sets
forth the factors to consider if the agreement is challenged.
Montana Statutes
Short title: This part may be
cited as the "Uniform Premarital Agreement Act". History: En. Sec. 1, Ch.
189, L. 1987 40-2-601.
Application and construction: This part
must be applied and construed to effectuate its general purpose to make
uniform the law with respect to the subject of this part among the states
enacting it. History: En. Sec. 2, Ch. 189, L. 1987 40-2-602.
Definitions: As used in this part, the
following definitions apply:
(1) "Premarital agreement"
means an agreement between prospective spouses made in contemplation of
marriage and to be effective upon marriage.
(2) "Property" means an interest, present or future, legal
or equitable, vested or contingent, in real or personal property, including
income and earnings. History: En. Sec. 3, Ch. 189, L. 1987.40-2-603.
Formalities: A premarital agreement must
be in writing and signed by both parties. It is enforceable without consideration.
History: En. Sec. 4, Ch. 189, L. 1987.40-2-604.
Content:
(b) the right to buy, sell, use, transfer, exchange, abandon,
lease, consume, expend, assign, create a security interest in, mortgage,
encumber, dispose of, or otherwise manage and control property;
(c) the disposition of property upon separation, marital
dissolution, death, or the occurrence or nonoccurrence of any other event;
(2) The right of a child to support may not be adversely
affected by a premarital agreement. History: En. Sec. 5, Ch. 189, L. 1987.40-2-605.
When agreement becomes effective: A premarital
agreement becomes effective upon marriage. History: En. Sec. 6, Ch. 189,
L. 1987.40-2-606.
Amendment - revocation: After marriage,
a premarital agreement may be amended or revoked only by a written agreement
signed by both parties. The amended agreement or the revocation is enforceable
without consideration. History: En. Sec. 7, Ch. 189, L. 1987.40-2-607.
Enforcement:
(1) A premarital agreement
is not enforceable if the party against whom enforcement is sought proves
that:
(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. History: En. Sec. 8, Ch.
189, L. 1987.40-2-608.
Enforcement when marriage void: If a marriage
is declared invalid, an agreement that would otherwise have been a premarital
agreement is enforceable only to the extent necessary to avoid an inequitable
result. History: En. Sec. 9, Ch. 189, L. 1987.40-2-609.
Limitation of actions: Any statute of limitations
applicable to an action asserting a claim for relief under a premarital
agreement is tolled during the marriage of the parties to the agreement.
However, equitable defenses limiting the time for enforcement, including
laches and estoppel, are available to either party. History: En. Sec. 10,
Ch. 189, L. 1987.40-2-610.
Advantages of premarital agreements for both parties:
Avoiding Litigation Costs
Protecting against Fears of Family Members
Protecting Family Assets
Protecting Business Assets
Protection Against Creditors
Child Custody and Support Guidlines
Predetermined Disposition of Property
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Disclaimer: This law summary is not legal advice.
If you are not an attorney, you should consult an attorney about serious
legal matters.
