How is a prenuptial agreement enforced?

A prenuptial agreement is a contract that couples enter into prior to marriage to establish how their assets will be divided in the event of a divorce. In Idaho, a prenuptial agreement is legally binding and must be enforced by the court if certain criteria are met. In order for the agreement to be legally enforceable in Idaho, it must have been signed and witnessed by two credible adults. Additionally, the agreement must be considered “fair” by the court and must have been entered into voluntarily by both parties. If the agreement meets the criteria and is deemed to be fair, then the court will enforce it. This means that the court will uphold the terms of the agreement and all assets will be divided according to its dictates. However, any provisions that are found to be unfair or clearly beneficial to one party over the other may be struck down by the court. In addition, Idaho courts may also reject a prenuptial agreement if it is found to have been signed under duress or if one party did not fully disclose their financial situation when signing. Finally, Idaho does not permit prenuptial agreements to control matters such as child support and custody, as those issues are beyond the scope of the agreement.

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