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Idaho Code § 32-925

Enforcement

Known as the Uniform Premarital Agreement Act

The act spans §§ 32–32 (31 sections).

I.C., § 32-925, as added by 1995, ch. 229, § 2, p. 780.

(1) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that: That party did not execute the agreement voluntarily; or

(2) The agreement was unconscionable when it was executed and, before execution of the agreement, that party: Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;

(3) 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

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

(5) 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.

(6) An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.

Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.