General Summary: In Montana, court policy is to promote the amicable resolution of disputes between a spouse`s parties after their separation or dissolution of marriage. The parties may enter into a written separation agreement containing provisions relating to the disposition of the property of one of them, the maintenance of one of them and the maintenance, parenthood and parental contact with their children. In subsequent proceedings for the dissolution of marriage or legal separation, the provisions of the separation agreement, with the exception of those providing for maintenance, parenthood and parental contact with the children, shall be binding on the court, unless it finds, after examination of the economic situation of the parties and any other relevant evidence submitted by the parties ex officio or at the request of the court: that the separation agreement is unscrupulous. Provisions relating to the modification and termination of the maintenance, assistance and sale of property: Article 40-4-201(5), MCA (1989), provides that marriage or “property settlement agreements” are governed by contract law. Quinn v Quinn, (1981), 191 Mont. 133, 136, 622 p.2d 230, 232. The husband and wife own the following property as a family residence, which is part of ___ It is also the fastest and least complicated option for divorcing couples. Montana requires an equitable distribution of goods, and all goods are subject to distribution. While just means right, it doesn`t necessarily mean the same thing. If the court has to intervene, it takes into account several factors. Considerations include, among others, maintenance, earning capacity of both spouses, duration of marriage, possibly the contributions of the housewife as well as custody agreements, debts and age. Change of legal relationship by contract – separation agreement: A Montana marriage agreement is used by departing couples to enter into a binding agreement on the distribution of their property, assets and custody.

By agreeing on the terms of their separation, couples can control the outcome of their divorce instead of allowing a judge to determine the division of their property and other interests. If one of the spouses wishes to receive maintenance or family allowance from the other party, he must also include the amount of the payment and the schedule of the payment in the contract. Once the document has been executed by both parties, it becomes legally binding; however, the terms of the agreement may be amended in accordance with contract law. (a) unless otherwise provided for in the separation agreement, its conditions shall be laid down in the dissolution or separation decree and in the parties invited to comply with it; or (b) if the separation agreement provides that its terms cannot be set out in the decree, the decree must identify the separation agreement and indicate that the court has held that the terms are not unscrupulous. Child Support Calculator – mtchildsupport.com, montanalawhelp.org, alllaw.com (5) The terms of the agreement set out in the Order are enforceable with all remedies available for the enforcement of a judgment, including non-compliance, and are enforceable as contractual terms. According to the laws of Montana – Title 30 – Chapter 452 – 330, matrimonial property can be defined as all property acquired by one of the spouses after marriage, unless: In Montana, property and debt issues are generally settled between the parties by a signed marriage agreement or the Circuit Court property surcharge under the Marriage Dissolution Order. This Agreement sets forth the entire agreement and understanding between husband and wife with respect to the settlement of war property and finances and supersedes all prior discussions between us. No amendment or addition to this Agreement or any waiver of rights under this Agreement shall be effective unless signed in writing by the party to be incriminated. Marriage by minors: A minor who is able to enter into a marriage may enter into a valid marriage as provided herein. Article 40-2-315. A husband and wife may not, by means of a contract between them, modify their legal relationship, except with regard to property and with the exception that they may agree in writing on an immediate separation and provide for the support of one of them and their children during such separation.

Article 40-2-303. Consideration of separation: The mutual consent of the parties is a sufficient consideration for such an agreement, as noted at 40-2-303. Article 40-2-304. (5) The provisions relating to the maintenance of a child shall terminate with the emancipation of the child or the child`s secondary school diploma if the child is enrolled in secondary school, whichever is later, but not later than the 19th. The child`s birthday, unless the date of termination is extended or knowingly cancelled by written agreement or by an express provision of the decree. Arrangements for the maintenance of a child do not end with the death of a parent who is required to provide for the child. If a parent who is required to provide assistance dies, the amount of support may be changed, revoked or converted into a lump sum payment, provided that this is fair and appropriate in the circumstances. In Montana, as in many jurisdictions, equity in the matrimonial home is often one of the most important assets shared by spouses.

Equity is the market value of the home, minus debts or privileges on it. Net worth is determined by determining the current market value of the home at the time of separation. Once the spouses agree on a current market value, all debts associated with the property (mortgage, taxes, home equity loans, etc.) are deducted from the market value to arrive at the net worth to be divided. Usually, this calculation requires a paid real estate valuation or a real estate agent can create a market analysis for free. CONSIDERING that we mutually intend this Agreement to be a final provision with respect to the matrimonial matters dealt with herein and that we intend this Agreement to be incorporated into any SUBSEQUENT DECREE ON THE DISSOLUTION OF MARRIAGE. CONSIDERING that we have all acted in good faith and that we have all communicated to each other in a fair, accurate and complete manner with respect to all financial and property matters relating to this Marriage Agreement; Division of property (§ 40-4-202) – Montana is a state of equitable distribution, which means that the court is required to divide the property and property of the couple in a fair and equitable manner, taking into account the situation of each spouse and the facts of his case. An equitable distribution is not always a distribution equal to fifty-fifty. CONSIDERING that we wish to settle by mutual agreement all matters relating to our marital affairs, personal and immovable property and finances; According to the Montana Code – Article 40 – Title: 4-202, when dividing property, the court considers: Marriage contracts – as stated: Except in the cases provided for in Part 6 [Uniform Law on Prenuptial Agreements] of this chapter, all marriage contracts must be signed in writing and executed and recognized or recognized or proven in the same way, since a land allocation must be executed and recognized or proven. Article 40-2-312.

(4) If the court considers that the separation agreement is not unscrupulous with regard to the disposition of property or maintenance and is not unsatisfactory with regard to maintenance: the husband and wife agree that, from the date of this agreement, neither of them assumes any joint debt or responsibility. The husband and wife agree that each is individually liable for any debt he acquires after the date of this Agreement. In Montana, the courts generally accept a fair and reasonable division of the property that the parties agree, but if the parties cannot agree, the property is divided by the district court as part of the divorce decree. The court encourages the spouses to agree on the matrimonial property themselves. THEREFORE, in exchange for the mutual promises contained herein, we agree to live separately and share our property and finances in accordance with the following mutually agreed terms: The husband and wife acknowledge that each has entered into this Agreement in good faith, without coercion or undue influence. Everyone understands their right to seek independent legal advice with respect to this Agreement, and everyone has had the opportunity to seek independent legal advice before signing this Agreement. .