My Spouse and I Have Decided To Do a Prenup, What Now?

If you and your spouse have decided to enter a prenuptial agreement, you should do two things:

First, each of you should visit an attorney to ensure that your agreement is legally enforceable and is effective in addressing your respective concerns. If cost is a concern, it’s recommended that one spouse’s attorney draft the prenuptial agreement and the other spouse seek independent legal counsel to review the agreement and advise that individual independently. Under Montana law, prenuptial agreements must meet specific legal requirements, so obtaining a legal review and advice is paramount to ensuring your agreement meets these legal standards and adequately protects your rights. Many Montana attorneys offer limited scope legal services and can quickly review your agreement for a relatively low cost. 

Second, execute your prenuptial agreement at least a couple of weeks prior to your wedding. Realistically this means you should begin your discussions regarding your agreement well in advance of your wedding. How far in advance will likely depend on how much property or assets each of you are bringing to the marriage and whether you have any additional concerns that may add to the complexity of your agreement. Rushing in to an agreement right before the wedding can cause oversight on important details and may affect the enforceability of the contract.