Prenuptial agreements (sometimes called premarital agreements) are rare in Eastern Idaho. This is unfortunate, as there are several benefits to getting one. A prenuptial agreement attorney in Idaho Falls can create one that best meets your needs.
The most common reason to get a prenuptial agreement? So that, if the parties divorce, there are clear instructions on how to divide the marital property. For example, a prenuptial agreement could state that the wife’s business remains wife’s business, regardless of how much the business may grow. Or that husband’s 401k will remain the property of the husband. A prenuptial agreement can help avoid lengthy litigation of property division if there is a divorce.
Prenuptial agreements are good for more than just that, though. Idaho has specific rules as to what happens to property when one spouse dies. If the couple has children from previous relationships, a prenuptial agreement can help ensure that the children are cared for. Additionally, prenuptial agreements can help you avoid having to pay alimony if there is a divorce (although keep in mind that, in certain limited circumstances, a court could possibly require alimony despite what’s in the prenuptial agreement–see Idaho Code 32-925).
Idaho Code 32-921 through 32-929 discusses prenuptial agreements in some detail.
While I have done what I’ll call “last-minute” prenuptial agreements where I was first contacted less than a week before the wedding and the prenuptial agreement was signed the same day as the wedding, I don’t recommend waiting until right before the wedding. This is something that should be taken care of well before the wedding, if possible. You’ll need time to work out the details with your future spouse, and your attorney will need time to discuss with you your wishes, and to write the actual agreement. Even the simplest prenuptial agreement can be twenty pages long. Get it taken care of well in advance. The week of the wedding will be hectic. Get this taken care of before then. Obviously, a prenuptial agreement is only effective if it is written and signed prior to the wedding.
I also recommend that both spouses hire an attorney for the prenuptial agreement. Why? It’s a lot harder for a spouse to claim that they didn’t know what they were signing when the prenuptial agreement includes their attorney’s signature.
Prenuptial agreements can be tricky. If not done properly, they can easily be invalidated in court. Get it done right–hire an attorney with experience to create it.