Download Idaho Postnuptial Agreement Form [PDF]

The Idaho postnuptial agreement is a legal document created between two spouses for the purpose of defining the financial and non-financial relationship between them.

The parties mainly use it to determine how they will divide the marital property in case they get divorced. However, it can also be used to determine how the property will be managed during the marriage.

There is a difference between postnuptial and prenuptial agreements. While the prenup agreement becomes valid after the parties get married, the postnup agreement is signed when the parties have already entered the marriage.

In other words, the postnuptial agreement determines the relationship between the parties from the moment of signing the postnuptial agreement onward.

Laws and Legal Requirements for a Postnuptial Agreement in Idaho

The laws and legal requirements for a postnuptial agreement in Idaho are outlined in state law and court decisions. The court decisions include the precedents that are used as a legal source for determining the legality of the Idaho postnuptial agreements.

The status of the postnuptial agreement is regulated by Title 32, Chapter 9, of the Idaho Statutes.

The most significant court case related to the postnuptial agreement, Stevens v. Stevens (2000), confirms that “[t]he property rights of husband and wife are governed by this chapter [Chapter 9], unless there is a marriage settlement agreement entered into during marriage containing stipulations contrary thereto.”

Signing Requirements for a Postnuptial Agreement in Idaho

Section 32-917 requires the parties to make their postnuptial agreement in written form. Moreover, both parties to the postnuptial agreement must sign the document.

When it comes to the recording of the postnuptial agreement, Section 32-918 requires the parties to record their postnuptial agreement “in the office of the recorder of every county in which any real estate may be situated which is granted or affected by such contract.”

Moreover, the parties can also record the summary of their contract. The summary shall include:

Signing Requirements

The names of the parties to the original contract;
The complete mailing addresses of all parties;
The title and date of the contract;
A description of the interest or interests in real property created by the contract; and
The legal description of the property.

Postnuptial Agreement Enforcement in Idaho

The court will declare the postnuptial agreement form unenforceable if one of the parties proves that:

Postnuptial Agreement Enforcement Conditions

They have signed the document against their will
The agreement is unconscionable
The other party failed to present complete or truthful information about their financial status in the agreement.

What Can a Postnuptial Agreement in Idaho Cover?

A postnuptial agreement in Idaho can cover various aspects of the financial and non-financial relationships of the parties. However, when drafting the Idaho postnuptial agreement, the parties should make sure all of the provisions included in the postnuptial agreement template are in line with state law and public policies.

Here, you can see the matters that are most commonly included in the postnuptial agreement template:

Provisions in a Postnuptial Agreement

Rights and responsibilities of the parties in connection with their individual and marital property
Right to sell, buy, transfer, lease, mortgage, and manage the property acquired during the marriage
Agreement between the parties on how the property will be divided in case of marriage dissolution, divorce, death, or any similar event
Agreement on the relevant law that will be used for interpretation of the postnuptial agreement
Matters related to the pension, insurance, wills, trusts, and more

Postnuptial Agreement in Idaho: Validity Criteria

The validity of the Idaho postnuptial agreement depends on its alignment with the formality criteria set by the state law. This means that the Idaho postnuptial agreement will not be valid if it's not made in written form and signed by both spouses.

In addition, the validity of the postnuptial agreement is also connected with the existence and validity of the marriage. The parties can execute the postnuptial agreement only if they have already entered the marriage.