Marital Agreement Attorney in Boise

Helping Clients Protect Their 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.

For your complimentary consultation, call our family law attorney directly at (208) 285-4272 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.

A marital agreement is beneficial for the following reasons:

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

Prenuptial vs. Postnuptial Agreements

Prenuptial and postnuptial agreements serve the same purpose. The largest difference between these two documents is when they are created. As the name suggest, prenuptial agreements are created before a couple is legally married while postnuptial agreements are created after.

Anything can be included in either of these agreements, however couples commonly make terms regarding the following:

• 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

While parties can put whatever they wish on the document, it must be considered legally enforceable by the state. To be legally enforceable they must follow certain guidelines:

• 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

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.

Complete our online contact form or call us directly at (208) 285-4272 to schedule your initial consultation.