You’re getting married in Idaho! You are smart to include a prenuptial agreement on your wedding to-do list. As important as choosing your wedding venue and finalizing the seating chart might feel, a prenup could actually be the most important item on your list! This is especially true if you own a home, have kids from a prior relationship, or are simply looking to bring clarity and fairness into your financial future. If you’ve found yourself wondering, Do I really need a lawyer for this? And, what are the requirements for a valid prenup in Idaho? You’re not alone, and these are the right questions to ask! Continue reading to learn the answers to your questions and to learn more about prenups.
Do I need to hire a lawyer for a valid prenup in Idaho?
Idaho law doesn’t require that you hire an attorney for a valid and enforceable prenup. However, it’s highly recommended! Prenuptial agreements could be the most critical contract you enter into in your lifetime. If there’s a divorce in the future, the terms of your prenup could have a drastic effect on your financial life. Having an attorney involved in drafting your agreement can help make sure that your financial goals and intentions are carried out correctly. A lawyer can also help ensure that your agreement abides by Idaho laws. A document this important should involve an expert. If you don’t want to hire an attorney, then consider utilizing a well-respected online prenup drafting service such as HelloPrenup. Through this platform, you can hire an Idaho-licensed attorney for a fraction of the price.
Should we each have an attorney, or can only one of us hire one?
For a prenup to be upheld in Idaho, both parties must voluntarily sign the agreement. In order for a court to believe that the parties entered a prenup voluntarily, a court must see that each party understood the language in the prenup and the legal and financial consequences of its provisions. Having a separate legal professional guide each fiancé through the terms of the prenup will help ensure that each party fully understands what they are signing. If only one party has an attorney, this could leave room for the unrepresented party to claim in the future that they did not fully understand the prenup or that they were at a significantly unfair disadvantage during signing. If you’re hiring a lawyer for yourself, it would be wise to have your fiancé hire an attorney as well.
Can we share a lawyer?
In some cases, one partner might suggest that only one attorney is needed, maybe to keep costs down or to “simplify things.” But the reality is that a lawyer cannot ethically represent two people on opposing sides of a prenuptial agreement. A prenup is a binding legal contract between two people with potentially different interests. Even if you’re deeply in love and totally aligned on your vision for the future, you still deserve separate counsel.
Without independent legal advice for both parties, there’s a higher chance a court could later find the agreement to be unfair or invalid. For example, if one spouse didn’t fully understand what they were signing, or was pressured to sign without time to review, the agreement becomes vulnerable to legal challenge.
What are the requirements of a valid prenup?
Idaho follows the Uniform Premarital Agreement Act (UPAA), a legal framework adopted by many states to bring clarity and consistency to prenup laws. Under the UPAA and the Idaho Code Sections 32-922 through 32-925, a prenup must be in writing, signed voluntarily by both parties, include full and fair disclosure of assets and debts, and the language cannot be wildly one-sided (i.e. unconscionable) when it’s signed. It also must be notarized to be enforceable under Idaho law (I.C. §§ 32-922-925). Notarization is the process of signing a contract in front of an objective third-party notary public.
Can I write my own prenup?
Drafting a prenup on your own is not recommended. The requirements listed above might sound pretty straightforward, but the truth is, these formalities can become landmines if you attempt to draft a prenup by yourself. DIY’ing a prenuptial agreement leaves a lot of room for error. If one party leaves out important financial information, if the terms are too one-sided, if the language is vague or doesn’t comply with Idaho’s strict community property principles, a clause in your contract or the entire prenup could be thrown out. Having a lawyer involved will help you avoid the mistakes commonly found in self-drafted prenups.
Idaho is a community property state
Unlike equitable distribution states, where a judge divides marital property “fairly” (which doesn’t always mean 50/50), Idaho is one of just a handful of community property states. This means that unless you have a prenup that says otherwise, nearly everything acquired during the marriage will be split equally in the event of a divorce. This makes a prenup even more important in Idaho than in many other states. Without one, the court is likely to divide community property down the middle. That might sound fair on paper, but in real life? It can be complicated.
For example, if one spouse enters the marriage with significantly more assets or debt, or plans to leave the workforce to care for children, a prenup can create balance and protect each partner’s interests in a way that Idaho’s default laws simply don’t. A prenup can specifically outline how you and your partner want to handle assets and debts if there’s a divorce in the future. The treatment of property you’ve acquired over your lifetime and during your marriage is far too important to leave up to a judge in the future who doesn’t know your personal goals or concerns.
How much will a prenup lawyer in Idaho cost?
The cost of a prenuptial agreement can vary depending on the complexity of your finances, the experience of the attorneys, and the amount of back-and-forth negotiations that are required to complete the agreement. If your financial situation is more complex, say you own a business, have out-of-state property, or want to include detailed spousal support terms, your fees will likely be on the higher end.
According to a HelloPrenup survey of family law lawyers across the country, the national average for a prenup for both parties is approximately $8,000. With the average cost of a prenup in Idaho being closer to $4,000 to $5,000. Highly regarded, online prenup services like HelloPrenup will provide you with a personalized, expertly drafted prenuptial agreement that abides by Idaho’s state laws for a flat fee of $599, plus $699 to add on the services of an Idaho-licensed prenup attorney.
How do I find a prenup lawyer?
To find a qualified family lawyer in your area, start by asking friends, family, or your financial advisor for suggestions. You can also search the Idaho State Bar directory, which lists licensed attorneys by practice area. Make sure that you read the reviews for any lawyer you’re considering hiring, and take a close look at their qualifications. A lawyer you hire to draft your prenup should have previous experience drafting this exact type of agreement. Your attorney should be very familiar with Idaho’s version of the UPAA.
Bottom line on hiring a lawyer for Idaho prenups
In Idaho, you don’t legally have to hire an attorney. But if your goal is to create a prenup that’s valid, enforceable, and actually accomplishes what you want it to accomplish…then yes, you should hire an attorney. And by having a separate lawyer for you and your fiancé, it shows the court that both of you entered into the agreement knowingly and voluntarily, with your eyes wide open. A well-drafted prenup should not only protect your financial future, but it should also reflect your intentions and bring you and your fiancé peace of mind. Now that you’ve educated yourself on the importance of a prenuptial agreement, sit down with your partner and have an honest conversation about finances. Having transparency in your goals and concerns will help you and your love get on the same page before you start your life together. That is time well spent and the first step towards building your life together!
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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