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Marriage of Bliss

Marriage of Bliss, 2016 MT 51 (March 8, 2016) (Shea, J.) (5-0, aff’d)

Issue: (1) Whether the district court erred in finding the prenuptial agreement was valid and enforceable; and (2) whether the district court properly determined that more than 150 firearms belonged to Bliss.

Short Answer: (1) No, and (2) yes.


Facts: Creed Evans and Dava Bliss married in 1996, and divorced in 2015. One day before their marriage, they executed a notarized prenuptial agreement providing that all property held individually by a party before and during the marriage remains that party’s property upon dissolution. Before signing the agreement, Evans met with an attorney to obtain independent legal advice.

During the dissolution proceedings, Bliss moved for a declaratory judgment that the agreement governed the distribution of marital property and debt.…