Premarital Agreements

Luebeck, Hammar, McCarty & Goldwarg

Montana law allows parties to enter into premarital agreements, also known as prenuptial agreements, prenups, or antenuptial agreements. A premarital agreement allows a couple to agree in advance on how their marital estate will be divided in the event of death, divorce, or separation.

One may be hesitant to ask their future spouse to enter into a premarital agreement for many different reasons, ranging from fear of offending their partner to concerns about “ruining the moment” with a discussion about death or divorce. However, premarital agreements should be considered by anyone with significant pre-marital assets or who may receive a significant inheritance or gift in the future. (There may also be other reasons why a premarital agreement is advised, like ensuring that your assets will pass to your children from a previous marriage or protecting you from liability for your spouse’s debts. We would be happy to discuss whether a premarital agreement is right for your particular situation.)

A premarital agreement can give both parties the assurance of knowing exactly what their financial future looks like, thereby reducing stress and anxiety and allowing them to focus on planning the wedding.

A premarital agreement must comply with certain requirements, including making a full disclosure of each party’s assets. Additionally, while not required by statute, best practice dictates that each party must have their own attorney in negotiating a premarital agreement so that there cannot be a claim in the future that one party did not understand what they were signing.

The attorneys at Luebeck, Hammar, McCarty & Goldwarg have decades of experience in drafting and negotiating premarital agreements custom tailored for any situation. We generally charge a flat fee to represent a party in negotiating a premarital agreement, with the exact fee depending on the complexity of the case and whether we are drafting the agreement or simply reviewing an agreement that the other attorney drafted.

Please contact us today to discuss whether a premarital agreement is right for you and your future spouse.

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I had the unfortunate experience of being arrested in Bozeman, MT shortly after I moved to the town. It was a very stressful and intimidating process to have to deal with, especially by myself.  I knew that if I wanted to fight the charge I would need to employ the help of a private attorney.  After nearly 2 weeks of searching for an attorney I was fortunate enough to have Luebeck, Hammar, McCarty & Goldwarg suggested to me by another attorney in the area.

My attorney was smart, courteous, and sympathetic to my situation, which really made me feel comfortable, and in my opinion was my biggest reason for choosing their services.  While a client, he was always willing to take my phone call or call me back after contacting the office.  He kept me calm during the stressful process and was a great outlet to express my concerns.  He was always professional, yet was not a corporate robot with no personality, he was able to relate to me and make me feel comfortable.

I am very happy that I employed his services and as so pleased with the result of my case and would highly suggest the firm’s services to anyone who needs proper representation and is unsure of who to trust in their time of need.


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