Idaho § 32-925 ENFORCEMENT

Idaho Statutes

§ 32-925 — ENFORCEMENT

Idaho·Title 32 DOMESTIC RELATIONS·Ch. 9 HUSBAND AND WIFE — SEPARATE AND COMMUNITY PROPERTY

(1)A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:

(a)That party did not execute the agreement voluntarily; or

(b)The agreement was unconscionable when it was executed and, before execution of the agreement, that party:

(i)Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;

(ii)Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and

(iii)Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.

(2)If a provision of a premarital agreement modifies or eliminates spousal support and that

Free access — add to your briefcase to read the full text and ask questions with AI

(1) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:
(a) That party did not execute the agreement voluntarily; or
(b) The agreement was unconscionable when it was executed and, before execution of the agreement, that party:
(i) Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;
(ii) Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and
(iii) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.
(2) If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility.
(3) An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.

Idaho § 32-925 (ENFORCEMENT) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.