*Insert Idaho potato pun here* Welcome to Idaho, the “Gem State” where the scenery is beautiful, the microbrew is cold, and the potatoes are huge. Now, let’s peel back the layers on prenuptials in Boise…Idaho’s largest city. Wondering how to secure a prenup? What about a lawyer–do you need one? Where do you find said lawyer? What goes into a prenup in Boise? Fear not, for we’ve got the scoop on all these questions and more. Stick around to unearth the mysteries of potat—oops, prenups in the great state of Idaho.
Do I need a lawyer in Boise for a valid and enforceable prenuptial agreement?
Nope! A lawyer is not a prerequisite requirement to creating a valid and enforceable prenup agreement in Idaho. An Idaho court (Liebelt v. Liebelt) explained the prerequisites for the enforcement of Idaho prenups–having a prenup lawyer was not one of them. In fact, the court emphasized how, in that case, the husband actually encouraged the wife to seek independent legal advice, although she did not do so. Despite the wife not having a lawyer, the prenup was still upheld.
Now, there are plenty of benefits to hiring a lawyer, including peace of mind, legal expertise, customization of your agreement, and adding a layer of protection to your agreement if it’s ever challenged in court one day. If your prenup is challenged in court for enforceability, whether or not you had a lawyer will be one of the factors an Idaho court considers when making a determination, like they did in the Liebelt case above.
Can my partner and I share a lawyer?
Nope! Married couples are welcome to share a giant potato, but not a prenup lawyer. If you decide that you want to hire a lawyer, you and your partner must have your own. This is because lawyers cannot appropriately advocate for two people that are both parties to one contract. For example, if one person wants to waive spousal support, but the other person does not… what is the lawyer to do? Who should they advocate for? It’s impossible to effectively promote both parties’ interests, hence, the need for separate lawyers.
What makes a prenup enforceable in Boise?
In Boise, Idaho, they follow rules laid out in Title 32, Chapter 9 of the Idaho Code to govern prenuptial agreements. To make sure a prenup is valid in Boise, you’ve got to keep a few things in mind:
- Write it down and get both parties to sign—no verbal agreements allowed!
- If someone challenges the prenup, they need to show they signed it willingly
- Both sides have to be open about their finances with each other (this is known as financial disclosure).
- If the prenup changes spousal support, and one person ends up needing public assistance during a divorce, the court might step in and order the other person to pay support, even if the prenup said otherwise.
- The court gets to decide if a prenup is way too unfair (i.e., unconscionable).
What can I put into my Boise prenup?
Let’s talk about what can go into a prenup. Can you put anything you want? Well, not quite. Idaho law specifies what content may go into a prenup in Idaho Code § 32-923. The statute says you can include:
- Who gets what property,
- What they can do with their property—buy, sell, use, etc,
- What happens to everything if they split, divorce, one of them dies, or something else happens,
- Whether they'll alter spousal support,
- Making plans like wills or trusts,
- Life insurance clauses,
- Deciding which state law will apply to their agreement,
- Anything else they want to include, as long as it's not against the law, criminal or altering a child’s right to child support or child custody matters.
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Nicole Sheehey is the Head of Legal Content at HelloPrenup, and an Illinois licensed attorney. She has a wealth of knowledge and experience when it comes to prenuptial agreements. Nicole has Juris Doctor from John Marshall Law School. She has a deep understanding of the legal and financial implications of prenuptial agreements, and enjoys writing and collaborating with other attorneys on the nuances of the law. Nicole is passionate about helping couples locate the information they need when it comes to prenuptial agreements. You can reach Nicole here: [email protected]