{"data":{"id":"us-mt/40-2-608","jurisdiction":"us-mt","citation":"40-2-608","heading":"Enforcement.","body":"(1) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:\n(a) that party did not execute the agreement voluntarily; or\n(b) the agreement was unconscionable when it was executed and, before execution of the agreement, that party:\n(i) was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;\n(ii) did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and\n(iii) did not have or reasonably could not have had an adequate knowledge of the property or financial obligations of the other party.\n(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.\n(3) An issue of unconscionability of a premarital agreement must be decided by the court as a matter of law.","path":["TITLE 40. FAMILY LAW","CHAPTER 2. HUSBAND AND WIFE","Part 6. Uniform Premarital Agreement Act"],"source_url":"https://mca.legmt.gov/bills/mca/title_0400/chapter_0020/part_0060/section_0080/0400-0020-0060-0080.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:54:49Z","sha256":"734af8657313f93deec36b5959a0b3d0c6d115c811d37573259023ee79316994","source_id":"us-mt","stale":false,"prev":"us-mt/40-2-607","next":"us-mt/40-2-609"},"notice":"GroundRules: Original legal text. Not legal advice."}