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.

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.

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

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.