This takes about 20 minutes. Answer each question in plain language. We'll assemble a complete draft you can print and take to your attorney.
Everything you enter stays on your device. We don't store any of your information on our servers.
Is your partner a US citizen?
Where does your partner currently live?
Here's what you need to know before you start.
Everything you enter stays on your device. We don't store any of your information on our servers.
Names, dates of birth, branch of service, and your wedding date if you have one.
What's your full legal name?
Use your name exactly as it appears on your military ID.
What's your date of birth?
You must be 18 or older to use this tool.
You must be 18 or older to use this tool.
What state do you live in?
As a Montana resident planning a Montana proxy marriage, your prenup will be governed by Montana law.
What's your partner's full legal name?
Use the name that will appear on your marriage license.
What's your partner's date of birth?
Your partner must also be 18 or older.
Your partner must be 18 or older to sign a prenuptial agreement.
Do you have a wedding date in mind?
It's fine if you don't have one yet.
Basic info saved.
Check it over before moving on.
List everything you own before the marriage. Your assets first, then your partner's. Skip any category that doesn't apply.
Your bank accounts
List all accounts by bank name. Separate multiple accounts with commas.
Your real estate
List each property separately with a brief description. Include all properties you own.
Your vehicles
List each vehicle including non-running ones. Year, make, and model for each.
Your investments
List all brokerage, stock, bond, or mutual fund accounts.
Your retirement accounts
List all retirement accounts including IRA and 401k.
Your business interests
List any full or partial ownership in a business, LLC, or partnership.
Your other assets
Jewelry, collections, equipment, livestock, or anything else of significant value.
Partner bank accounts
List all of your partner's accounts by bank name.
Partner real estate
List each property your partner owns with a brief description.
Partner vehicles
List each vehicle your partner owns.
Partner retirement or savings
List all retirement or savings accounts your partner holds.
Partner other assets
Jewelry, property, equipment, or anything else of significant value.
Same process. Your partner can fill this in or you can do your best with what you know. Skip any category that doesn't apply.
Assets saved.
Check it over before moving on.
Listing debts protects both of you. It makes clear which debts belong to whom before the marriage starts. Skip any category that doesn't apply.
Any debt not listed here could become your partner's responsibility too. Be thorough.
Your student loans
List every lender or loan servicer. Include federal and commercial loans separately.
Your car loans
List every lender for each vehicle loan.
Your credit card debt
List every card and issuer. Include store cards and credit lines.
Your personal loans
List every personal loan including loans from family members.
Your medical debt
List all medical debt including collections.
Your back taxes
List federal and state taxes separately.
Your child support
List the court or state the order is from.
Child support obligations should be disclosed to your attorney before signing.
Your other debts
Any other debt not listed above.
Partner student loans
List every lender or loan servicer for your partner.
Partner car loans
List every vehicle loan your partner holds.
Partner credit card debt
List every card and issuer your partner holds.
Partner child support
List the court or state the order is from.
Child support obligations should be disclosed to your attorney before signing.
Partner other debts
Any other debt your partner holds not listed above.
Any debt your partner doesn't list here could become your responsibility too after marriage. Skip any category that doesn't apply.
Debts saved.
Check it over before moving on.
These are your preferences, not facts. No wrong answers. Your attorney can help you refine them.
How do you want to handle income earned during the marriage?
This covers your income and any income your partner earns from work.
If you buy real estate during the marriage, how should it be owned?
Real estate includes any home, land, rental property, or other property purchased after the wedding.
How should debt taken on during the marriage be handled?
This covers any new loans, credit cards, or other debts either of you takes on after the wedding.
If either of you receives an inheritance during the marriage, how should it be treated?
An inheritance is money or property received from a family member or other person who passes away.
If either of you receives a gift during the marriage, how should it be treated?
This includes gifts from family, friends, or others given specifically to one person.
How will you handle bank accounts during the marriage?
Preferences saved.
Check each statement carefully. These will appear word for word in your prenup draft.
A few important acknowledgments that apply to all couples regardless of situation.
Estate planning after the wedding.
Getting married changes who is legally entitled to your assets if you pass away. Both spouses should update their wills, life insurance beneficiaries, and any other estate documents after the wedding.
Legal review acknowledgment.
This prenup is a draft document for attorney review only. Both parties should have it reviewed by a licensed Montana family law attorney before signing.
General provisions saved.
Nobody gets married expecting divorce. But agreeing on these things now, while you're on good terms, protects both of you.
Spousal support
Spousal support, sometimes called alimony, is a regular payment from one spouse to the other after divorce.
Division of marital property
Marital property is anything acquired by either spouse during the marriage.
Pre-marital property
This covers everything each of you listed in sections 2 and 3.
Does the length of the marriage matter?
Some couples feel a longer marriage should result in a more equal split. Others feel the same rules should apply regardless.
Should the reason the marriage ended affect the settlement?
Montana is a no-fault divorce state. However if you later divorce in another state fault may still matter.
Montana courts won't enforce fault-based provisions. This only applies if you divorce in a state that recognizes fault. Discuss with your attorney.
Attorney fees in a divorce
If the marriage ends and attorneys get involved, who pays? Consult your attorney about who covers legal fees.
Dispute resolution
If the marriage ends and there are disputes about this prenup, do you agree to try mediation before going to court?
Divorce provisions saved.
This is the final section.
No prenup in any state can predetermine child custody or child support. A court will always decide those based on the child's best interests.
Does either of you have children from a prior relationship?
This includes biological children, adopted children, or any child either of you is legally responsible for from before this marriage.
How should existing children's inheritance rights be protected?
Custody and support for future children.
Child custody and support are always decided by a court at the time of divorce based on what is best for the child. This prenup cannot and does not address those matters.
Inheritance rights for children born during the marriage.
Estate planning after the wedding.
Getting married changes who is legally entitled to your assets if you pass away. Both spouses should update wills, life insurance beneficiaries, TSP beneficiary designations, and other estate documents after the wedding.
All sections complete.
Check the summary below before generating your draft.
Your next step is to have a licensed Montana family law attorney review this draft before anyone signs anything.