2021 Montana Code Annotated
Title 40. Family Law
Chapter 16. Family Law Arbitration
Part 1. Uniform Family Law Arbitration Act
40-16-105. Arbitration agreement
40-16-105. Arbitration agreement. (1) An arbitration agreement must:
(a) be in a record signed by the parties;
(b) identify the arbitrator, an arbitration organization, or a method of selecting an arbitrator;
(c) identify the family law dispute the parties intend to arbitrate; and
(d) specify how notice to arbitrate is to be given.
(2) Except as otherwise provided in subsection (3), an agreement in a record to arbitrate a family law dispute that arises between the parties before, at the time, or after the agreement is made is valid and enforceable as any other contract and irrevocable except on a ground that exists at law or in equity for the revocation of a contract.
(3) An agreement to arbitrate a child-related dispute that arises between the parties after the agreement is made is unenforceable unless:
(a) the parties affirm the agreement in a record after the dispute arises; or
(b) the agreement was entered during a family law proceeding and the court approved or incorporated the agreement in an order issued in the proceeding.
(4) If a party objects to arbitration on the ground the arbitration agreement is unenforceable or the agreement does not include a family law dispute, the court shall decide whether the agreement is enforceable or includes the family law dispute.
History: En. Sec. 5, Ch. 32, L. 2021.
