Marital Agreements Helping You Overcome This Chapter of Your Life

Marital Agreement Attorney in Boise, ID

Boise Marital Agreement Lawyer Helping You Protect Your Assets

At K. Mitchell Law, PLLC, our Boise marital agreement lawyer can help clients ensure their assets and wishes are protected in the event that the marriage ends.

We understand the legal complexities that concern these documents and will work closely with you to ensure the agreement is created in the best interests of all parties involved.

Protect Your Assets with a Legally Sound Marital Agreement! Contact us at (208) 285-4272 to schedule your consultation today.

What Is a Marital Agreement?

Marital agreements are legal documents that two people sign either before marriage or during the marriage to protect themselves in the event of divorce.

The documents address specific issues such as:

Protecting pre-existing non-marital assets and inheritance
Determining retirement benefits
Determining spousal support
The division of assets and liabilities that exist at the time or are acquired in the future.

The purpose of such an agreement is to set the ground rules in an amicable environment to avoid conflict and legal fees in the future.

Key Benefits of a Marital Agreement:

You can protect your property interest for inheritance purposes
You can clearly identify each spouse's rights to sell, use, transfer, mortgage, and manage property
You avoid high dollar legal fees to battle the issues out in court

Prenuptial & Postnuptial Agreements Explained

Prenuptial and postnuptial agreements serve the same purpose. The largest difference between these two documents is when they are created.

As the name suggests, prenuptial agreements are created before a couple is legally married while postnuptial agreements are created after.

Common Terms in Prenuptial and Postnuptial Agreements:

The rights and obligations each spouse has to property owned
Either party’s right to manage marital property
If either spouse should receive spousal support as well as the amount and duration
Either party’s death benefits from the other’s life insurance policy
Which state’s law will interpret the agreement

Legal Enforceability of Marital Agreements:

Must be in writing
Must be signed by both parties
Both parties must be mentally competent and understand what they are signing
The document must be fair for both parties
Neither party can be coerced into signing the document

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.

Continue Reading Read Less

Contact Us

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
Are you a new client?
Please make a selection.
How can we help you?
Please enter a message.
By submitting, you agree to receive text messages from K. Mitchell Law, PLLC at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy

What Sets Us Apart?

Dedication. Experience. Results.

Keeping Your Best Interests in Mind
Solution-Oriented Strategies
Personalized Legal Services
Initial Consultations

Dedicated to Client Satisfaction

Read What Our Clients Have to Say

"Katelynn and her entire team have been amazing"
Katelynn and her entire team have been amazing, she is super efficient, very thorough, and made me feel comfortable from the first meeting. I trusted her, my kids trusted her and I would highly recommend her.

- Hannah M.
"I definitely recommend her to anyone going through any court system. She is very friendly and relatable!"
She made all the legal terms and everything super easy to understand and was very patient throughout the whole process of our custody case.

- Elizabeth H.
"It was a pleasure working with her!"
Going into the divorce process I knew I wanted someone knowledgeable and willing to fight for what was best for me. Katelynn exceeded my expectations. She not only listened with compassion, she answered all my questions with patience. She stood behind me, but made it clear that it was up to me to decide how I wanted to proceed. She was very approachable and followed up clearly. It was a pleasure working with her!

- Former Client
"Katelynn made the divorce process as easy as possible."
She was very attentive, assertive, and very professional and very knowledgeable.

- Theresa L.
"She is professional, empathetic, direct, and efficient."
I highly recommend Katlynn Mitchell to represent you. She is professional, empathetic, direct, and efficient. May you have the same satisfaction as I did working with Katlynn. Thanks so much.

- Rusty P.
"Highly, highly recommend."
Highly, highly recommend.
Katelynn was beyond amazing.
We just settled my custody case for my son and I am so happy with the outcome. As a first time mom, this was an extremely stressful and emotional process for me and Katelynn brought so much comfort and guidance to my situation. She was very honest with me and kept me level headed when I was being unrealistic or unreasonable at times. She had excellent communication with me and always kept me in the loop. I never had to wait longer than a day to get a response to any email or phone call. She usually got back to me within hours if not right away. She made me feel like my case took priority, knowing how important it was to me. I greatly appreciated her guidance, honesty and efforts in getting me the custody and the terms that I felt comfortable with. I chalk my case up to a huge win for us, all thanks to Katelynn. I am forever grateful.

- Dani A.