Boise Prenuptial Agreement Attorney

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Are you preparing to get married, and interested in forming a prenuptial agreement? If so, it may be in your best interest to contact us at Bublitz Law, P.C. Our Boise divorce attorney is devoted to helping clients work through all their family law matters as efficiently and pain-free as possible. Contrary to the belief that a prenuptial agreement decreases the confidence that individuals have for their marriage to succeed, drafting an agreement could end up benefiting a couple in the long run.

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What is the purpose of a prenuptial agreement?

A prenuptial agreement is a contract formed between two individuals that are planning to get married. The agreement outlines the couple's plans for handling their finances, debts, and property—both during their marriage and if they divorce. Once the individuals marry, the agreement will go into effect.

Prenuptial agreements may cover any of the following:

  • What will happen to the spouses' property in the event of divorce, separation, death, etc.
  • The rights and duties of the spouses regarding the property owned by either or both of them
  • The spouses' rights to sell, use, transfer, mortgage, and manage property
  • The amount and duration of payments if spousal support is granted
  • If the spouses are required to make a will to follow through with the terms of the agreement
  • Who will receive death benefits from each spouse's life insurance policy
  • What will occur if there is a dispute involving the agreement

While many people view the concept of creating prenuptial agreements in a negative way, these agreements have actually become more popular throughout recent years. Although many people see prenuptial agreements as something used for the wealthy only, this is not the case today. In fact, the number of middle-income couples that are taking advantage of prenuptial agreements is continuing to increase. While no one goes into a marriage with the intention of getting divorced, it does happen. Having a prenuptial agreement in existence could help ensure that an individual's assets will be divided in the manner they wish upon divorce.

Amending an Existing Prenuptial Agreement

Any time after a couple is married, they have the option of amending or revoking their changes in writing. Two factors that a prenuptial does not cover are the terms of child custody and child support. Rather, the court will determine custody and support arrangements, based on what is in the best interest of the children.

Idaho utilizes the Uniform Prenuptial Agreement Act (UPAA), which is a standard set of rules used to decide if a prenuptial agreement is enforceable. The agreement must be in writing, and signed by both spouses. Both spouses must also be capable of signing the agreement—meaning neither spouses are minors, mentally ill, or mentally disabled. If any of the rules are broken, the agreement will typically be unenforceable.

Contact Bublitz Law, P.C. for a Free Consult

We understand that the thought of forming a prenuptial agreement may be slightly unsettling, however; you have no way of knowing what may happen down the road. With years of experience and an extensive understanding of the Idaho family law system, we stand ready to assist you.

To find out more information about the benefits of prenuptial agreements, or to schedule your free consultation, feel free to call our firm today.