Getting married soon? Congrats! Don’t forget to add “get a prenup” to your wedding to-do list. And the good news? In Idaho, getting a prenup is super simple with services like HelloPrenup. Just make sure to follow the laws laid out by the state, such as getting the agreement notarized and providing financial disclosure to your partner. And make sure you understand the default laws of Idaho so if you decide against a prenup, you know what you’re getting into. But what else do you need to know about getting a prenup in Idaho? Let’s get into it!
1. The laws governing Idaho prenups
Idaho is one of many other states that have adopted the Uniform Premarital Agreement Act (UPAA), which basically attempts to make the laws on prenups uniform across the U.S. The laws laid out by Idaho’s Uniform Premarital Act are what set the rules for the creation and enforcement of prenups in Idaho. Here’s what to know about getting a prenup in Idaho:
- The prenup must be in writing and signed by both parties
- The agreement must be notarized
- The parties must provide full financial disclosure to one another
- The parties must enter into the agreement voluntarily
- The agreement must not be unconscionable (i.e., it can’t be overly one-sided and/or unfair).
These laws are meant to protect each party, ensure that the agreement is reasonable, and minimize the risk of fraud and duress (See “a” Idaho Code § 32-921–929 for the fine print on Idaho’s prenup laws).
2. Idaho is a community property state
It’s also important to understand the default laws in Idaho to understand what happens if you don’t get a prenuptial agreement in the state. Idaho is a community property state, which means that property in a divorce (without a prenup) automatically gets split 50-50 unless there are compelling reasons otherwise. So, what that means is anything you and your spouse accumulate during the marriage—regardless of whose name it is in—will be split up in an Idaho divorce. (See Idaho Code §§ 32-712, 32-903, and 32-906 for the fine print).
With an Idaho prenup, you can override the default laws of Idaho and determine your own means for dividing up property and debt. This flexibility allows couples to protect premarital assets and ensure a fair distribution in the event of a divorce.
3. Idaho prenups must be notarized
Idaho is one of the few states that formally requires a prenuptial agreement to be notarized. According to Idaho Code § 32-922, a prenuptial agreement must be in writing, signed by both parties and notarized. Notarization is the act of signing a document in front of a notary public. The notary public confirms each party’s identity and attaches their notary seal to the document. The act of notarizing a document helps deter questions of fraud in the event the agreement is ever challenged. For example, it’s much harder for someone to claim they didn’t actually sign the agreement or that they didn’t know what they were signing when the document was formally notarized.
With HelloPrenup, you can get your Idaho prenup notarized all from the comfort of your own home (totally virtually). This makes notarization super easy and takes the hassle out of getting your prenup done in Idaho!
4. Financial disclosure must be provided to each partner
Another important aspect of prenuptial agreements in Idaho is the requirement of financial disclosure. Each partner must provide the full value of their income, assets, debt, and future inheritances in a financial schedule attached to the prenup agreement. This requirement ensures both parties are aware of the rights they are giving up.
For instance, some couples may waive spousal support in their prenup, and this means that neither party can ask for financial support in the event of a divorce. (Note that courts can override this waiver of support in certain situations). Couples can only make an informed decision on this matter when they are aware of how much money their partner makes. If you do not follow Idaho’s guidelines on financial disclosure, you risk getting your prenup thrown out. (See Idaho Code § 32-925 for the legal details of Idaho financial disclosure).
5. Understand the pitfalls of prenuptial agreements in Idaho
While Idaho prenuptial agreements are very much enforceable, there are several ways that a court can throw your agreement out. Here are potential grounds for challenging an Idaho prenup:
- Duress, coercion, undue influence: Any level of illegal force or manipulation to get the other party to enter into the agreement will not be tolerated by a court and will get the agreement tossed.
- Lack of proper financial disclosure: If each party was not informed of the decisions they were making and lacked proper financial disclosure, a court can invalidate the agreement.
- Lack of formalities: If the agreement lacked certain formalities, such as putting it in writing or notarizing the agreement, it could be at risk.
- Unconscionability: This is a legal term, meaning the agreement is egregiously one-sided and/or unfair. It could be that the circumstances surrounding the prenup creation itself are unfair, or it could be that the terms within the document are overly one-sided.
Getting a prenup thrown out is not easy to do. However, it’s always best to make sure the agreement doesn’t fall under any of the above categories to avoid any challenges and issues down the road.
6. Prenups can help you and your partner get on the same page
All prenups—whether governed by Idaho law or elsewhere—can help couples get on the same page regarding finances. The act of going through the prenup process requires people to reflect, dig deep, talk about difficult topics, and agree on terms. The topics covered may be how money will be managed during the marriage, retirement goals, financial goals, death, caring for elder parents, and more. By having these hard conversations, people are able to work through any issues before walking down the aisle. This allows them to go into the marriage more prepared and aligned than had they not gotten the prenup.
The bottom line on Idaho prenups
If you’re getting a prenup in Idaho, you should be aware of the legal requirements for creating a valid and enforceable agreement, such as notarization and financial disclosure. You should also be aware of Idaho’s community property laws so you understand what happens without a prenup. And don’t forget that prenups have pitfalls that you should avoid. And, last but not least, prenups can bring you and your future spouse closer together before tying the knot. So, go on and get your prenup. Happy planning!
Tatyana Gray is an attorney and strategist passionate about helping families and business owners secure their future. Though born in the Russian steppe, she’s called the mountains of Idaho and Utah home for most of her life. It’s this love of the peaks and valleys—both literal and metaphorical—that inspired Tatyana to create Summit Legacy Law, a practice dedicated to guiding clients through life’s climbs and helping them reach new heights.Tatyana earned her law degree in 2006 and has been working with high-net-worth families ever since, crafting innovative solutions that align wealth, values, and vision. Beyond legal practice, she’s launched businesses, invested in startups, published books, hosted a podcast, and even designed and tried to patent a safety device. Combining her legal expertise with forward-thinking strategies, she’s dedicated to empowering her clients to build legacies that will endure for generations.
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