Free Idaho Prenuptial Agreement Template

An Idaho prenuptial agreement is an agreement between prospective spouses, made in contemplation of marriage, that takes effect on marriage. Idaho adopted the Uniform Premarital Agreement Act in 1995 and tied it to much older deed-style formalities.

Idaho’s rules sit in Title 32, Chapter 9 of the Idaho Code, alongside its community property law.

Executed Like a Land Deed

Section 32-922 requires a written agreement signed by both partners, with no consideration needed. In addition, partners must execute and acknowledge or prove it under §§ 32-917 through 32-919. Those sections borrow the execution rules for conveyances of land.

Recorded Where the Real Estate Is

Next comes recording. You must record the acknowledged agreement in every county where real estate it grants or affects is located. Recording, or failing to record, then has the same effect as it would for a deed.

A Summary Can Be Recorded Instead

However, § 32-918(2) lets you record a summary in place of the full agreement. All parties sign and acknowledge it, and it must state:

• Each party’s name and complete mailing address
• Title and date of the agreement
• Real property interests it creates
• Legal description of each property

As a result, a proper summary gives later buyers and lenders constructive notice of its contents and of the agreement’s existence.

Community Property Is the Default

Under § 32-906(1), property acquired after marriage is generally community property. Even income from separate property counts as community property. The exception is a conveyance, or a specific written agreement between the spouses, that says otherwise.

Yes, when it grants or affects real estate. Section 32-918(1) requires recording with the county recorder in every county where that property sits.

If your Idaho prenuptial agreement touches no real estate, the recording rule has nothing to attach to. Still, § 32-922 requires you to acknowledge or prove it like a deed.

Before you file, ask each county recorder about current procedures and fees, since those can change.

1. Start by listing every parcel of real estate. Note the county and legal description for each.
2. Then decide on full or summary recording. A summary keeps private financial terms out of the public record.
3. Sign and acknowledge like a deed. Both partners follow the same execution steps a land conveyance requires.
4. Record in each affected county. File the agreement or the summary with each county recorder.
5. Finally, keep proof of recording. Store the recorded copies with the signed original.

Idaho’s content list, § 32-923, covers property, spousal support, estate plans, insurance, and choice of law. Because of the community property default, though, precise wording matters most for income.

Make sure your agreement addresses:

• Income, rents, and profits from each partner’s separate property, stated specifically
• Earnings during the marriage and whether they stay separate
• Each parcel of real estate, with its legal description
• Spousal support terms
• Plans for property at divorce or death

Finally, § 32-923(2) protects a child’s right to support from any term in the agreement.