Marital Agreement Attorney in Boise

Who Should Consider a Marital Agreement?

A marital agreement isn’t just for the wealthy—it’s a smart legal tool that can benefit many couples. You should consider a marital agreement if you fall into any of the following categories:

• High-net-worth individuals – If you have significant assets, a marital agreement can help protect your wealth and ensure a fair division in case of divorce.
• Business owners and entrepreneurs – If you own a business, a marital agreement can safeguard it from becoming part of a divorce settlement. This ensures that your business remains intact and under your control.
• Individuals with children from a previous marriage – A marital agreement can protect your children’s inheritance and ensure that your assets go to them as intended.
• Anyone who wants to protect personal or family assets – If you own property, receive an inheritance, or have specific assets you want to keep separate, a marital agreement provides legal protection.

Common Misconceptions About Marital Agreements

Many people have misunderstandings about marital agreements. Here are some of the most common myths:

• "Prenups are only for the wealthy." 
  While high-net-worth individuals often use prenuptial agreements, they can benefit anyone who wants to clarify financial rights and protect assets.
• "Signing a prenup means planning for divorce." 
  A marital agreement is like insurance—you hope you never need it, but it provides security if something goes wrong. Many couples sign agreements to avoid future conflicts, not because they expect a divorce.
• "Marital agreements are unfair to one spouse." 
  A legally valid agreement must be fair to both parties. Courts may not enforce an agreement if it heavily favors one spouse.
• "Courts always enforce marital agreements as written." 
  If an agreement is found to be unfair, coerced, or lacking full financial disclosure, a court can modify or void it.

How Courts Determine If a Marital Agreement Is Enforceable

For a marital agreement to hold up in court, it must meet certain legal requirements:

• The agreement must be fair – If one spouse is left at a severe financial disadvantage, a court may refuse to enforce it.
• Full financial disclosure is required – Both parties must be honest about their assets and debts. Hiding financial details can invalidate the agreement.
• It must be voluntarily signed – If a spouse was pressured or coerced into signing, the agreement may be voided.
• It must follow state laws – Each state has specific requirements for what a marital agreement can and cannot include. An attorney ensures your agreement complies with these laws.

By understanding these factors, couples can create legally sound marital agreements that protect their interests and stand up in court if needed.

Frequently Asked Questions (FAQ) About Marital Agreements

Can we create a marital agreement after we’re already married?

• Yes. A postnuptial agreement is similar to a prenuptial agreement but is created after marriage. It allows couples to establish financial protections and clarify asset division at any point during their marriage.

What happens if we don’t have a marital agreement and get divorced?

• Without a marital agreement, state laws will determine how assets, debts, and spousal support are divided. In Idaho, which follows community property laws, most assets acquired during the marriage are split 50/50 unless otherwise agreed.

Can a marital agreement protect future earnings or business growth?

• Yes. A well-drafted agreement can specify that future earnings, business profits, or investments remain separate property. This is especially important for entrepreneurs and professionals expecting career growth.

Do both spouses need their own attorney when signing a marital agreement?

• While not legally required, it’s highly recommended that each spouse has their own attorney. This ensures that both parties understand the terms and that the agreement is fair, increasing the likelihood of enforceability in court.

Can a marital agreement cover child custody and child support?

• No. Courts determine child custody and child support based on the child’s best interests at the time of divorce. These issues cannot be pre-decided in a marital agreement.

What if one spouse hides assets when signing the agreement?

• If a spouse fails to fully disclose their finances, the agreement could be challenged and potentially voided in court. Full transparency is required for a marital agreement to be legally valid.

Can a marital agreement be changed after it's signed?

• Yes. Both spouses can modify or revoke an agreement at any time, as long as both agree and the changes are made in writing.

Helping Clients Create Legally Binding Marital Agreements

At K. Mitchell Law, PLLC, our Boise marital agreement attorney will work with you and your partner to create an arrangement that works best for your situation.

We understand the legal complexities of this agreement and will ensure your goals and wishes are represented.

Secure Your Future with a Customized Marital Agreement! Contact us at (208) 285-4272 to get started.