A Montana court will consider several factors in determining how to fairly divide the marital property, including the length of the marriage, the needs of each party and their ability to acquire assets in the future, as well as the parties' age, health and occupations. The court will not consider whether one spouse was at fault for the collapse of the marriage, If a couple can work together, they may specify how property should be divided by drafting a settlement agreement. These agreements are considered binding contracts and are generally enforceable after review by the judge.
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