PREMARITAL AGREEMENT

(Idaho – Uniform Premarital Agreement Act Jurisdiction)

[// GUIDANCE: This template is drafted to comply with Idaho’s adoption of the Uniform Premarital Agreement Act (“UPAA”) and standard Idaho family-law practice. All bracketed items MUST be customized before execution. Attach Schedules for asset/liability disclosures and estate-planning cross-references.]

TABLE OF CONTENTS

1. DOCUMENT HEADER
2. DEFINITIONS
3. OPERATIVE PROVISIONS
   3.1 Separate Property
   3.2 Marital Property & Community-Like Accretions
   3.3 Spousal Support & Maintenance
   3.4 Debts & Credit Obligations
   3.5 Gifts, Inheritances & Trust Interests
   3.6 Estate Planning Coordination
4. REPRESENTATIONS & WARRANTIES
5. COVENANTS & RESTRICTIONS
6. DEFAULT & REMEDIES
7. RISK ALLOCATION
8. DISPUTE RESOLUTION
9. GENERAL PROVISIONS
10. EXECUTION BLOCK

1. DOCUMENT HEADER

PREMARITAL AGREEMENT (this “Agreement”), dated as of [EFFECTIVE DATE] (the “Effective Date”), is entered into by and between:

• [PARTY A FULL LEGAL NAME], an individual residing at [ADDRESS] (“Party A”); and
• [PARTY B FULL LEGAL NAME], an individual residing at [ADDRESS] (“Party B” and, together with Party A, the “Parties,” and each a “Party”).

Recitals
A. The Parties contemplate legal marriage in the State of Idaho on or about [PROJECTED MARRIAGE DATE] (the “Marriage”).
B. Each Party owns separate property and has fully disclosed all material information regarding assets, liabilities, income, and expectancies.
C. The Parties desire to establish their respective rights and obligations regarding property, debts, spousal support, and other matters in the event of death, divorce, separation, or other event, all in accordance with Idaho’s UPAA and applicable family-law principles.
D. This Agreement is made in consideration of the mutual covenants herein and the contemplated Marriage, the sufficiency of which is acknowledged.

NOW, THEREFORE, intending to be legally bound, the Parties agree as follows:

2. DEFINITIONS

For purposes of this Agreement, the following capitalized terms have the meanings set forth below. Any term not defined herein but defined in the UPAA shall have the meaning ascribed under that Act.

“Agreement” has the meaning set forth in the preamble.
“Community-Like Property” means any property that, absent this Agreement, would be characterized as community or marital property under Idaho law acquired after the Effective Date.
“Disclosure Schedules” means the schedules attached hereto as Schedule 1 (Party A Assets), Schedule 2 (Party B Assets), Schedule 3 (Liabilities), and Schedule 4 (Income & Expectancies).
“Marital Estate” has the meaning provided in Section 3.2.
“Separate Property” has the meaning provided in Section 3.1.

[// GUIDANCE: Add or delete definitions to match deal points; ensure cross-references remain correct.]

3. OPERATIVE PROVISIONS

3.1 Separate Property

3.1.1 Each Party’s Separate Property consists of:
(a) all property listed on that Party’s Disclosure Schedule;
(b) all property acquired by that Party before the Marriage;
(c) all property acquired by gift, devise, descent, bequest, or inheritance after the Marriage;
(d) all income, rents, profits, dividends, and appreciation derived therefrom; and
(e) any property substituted for or traceable to the foregoing.

3.1.2 Separate Property shall remain the sole and exclusive property of the owning Party. The non-owning Party shall have no present or future right, title, or interest therein.

3.2 Marital Property & Community-Like Accretions

3.2.1 Except as expressly provided herein, any property acquired jointly titled in both Parties’ names after the Marriage (“Marital Estate”) shall be held as [JOINT TENANTS WITH RIGHT OF SURVIVORSHIP / TENANTS IN COMMON – select one].

3.2.2 Contributions to jointly titled property shall be presumed gifts absent clear, contemporaneous written evidence to the contrary.

3.2.3 Any commingled property shall be governed by Idaho tracing rules; inadvertent commingling shall not by itself transmute Separate Property.

3.3 Spousal Support & Maintenance

3.3.1 Subject to Idaho public-policy constraints, each Party knowingly and voluntarily waives any and all claims for temporary, rehabilitative, periodic, or permanent spousal support (alimony) from the other, except as may be modified under Section 6 (Default & Remedies).

3.3.2 Nothing herein limits either Party’s statutory obligation to provide child support.

3.4 Debts & Credit Obligations

3.4.1 Each Party shall be solely responsible for debts incurred in that Party’s name or for that Party’s Separate Property, whether incurred before or after the Marriage.

3.4.2 Joint debts expressly undertaken in writing by both Parties shall be allocated [PRO-RATA / AS OTHERWISE AGREED].

3.5 Gifts, Inheritances & Trust Interests

Property received by either Party via gift or inheritance, or as a beneficiary of a trust or retirement plan, shall be and remain such Party’s Separate Property, even if received during the Marriage.

3.6 Estate Planning Coordination

3.6.1 Each Party shall execute all testamentary documents reasonably necessary to effectuate this Agreement.
3.6.2 The survivor’s elective share and other statutory allowances are hereby waived to the maximum extent permitted by Idaho law.

4. REPRESENTATIONS & WARRANTIES

4.1 Capacity; Voluntariness. Each Party represents that they are legally competent, of full age, and executing this Agreement voluntarily, free of duress, undue influence, or fraud.

4.2 Full & Fair Disclosure. Each Party warrants that the Disclosure Schedules constitute a full, fair, and reasonable disclosure of that Party’s financial condition as of the Effective Date.

4.3 Independent Counsel. Each Party acknowledges:
(a) consultation with separate, independent legal counsel of their own choosing; or
(b) a voluntary, knowing waiver of such right after being advised to obtain counsel.

4.4 No Prior Agreements. Neither Party is bound by any other premarital or marital agreements conflicting with this Agreement.

4.5 Survival. All representations and warranties survive the execution and consummation of this Agreement.

5. COVENANTS & RESTRICTIONS

5.1 Ongoing Disclosure. Until the solemnization of the Marriage, each Party shall promptly supplement the Disclosure Schedules for any material change.

5.2 Execution of Further Instruments. The Parties shall execute all documents reasonably necessary to carry out this Agreement (e.g., beneficiary designations, deeds, trust documents).

5.3 Confidentiality. Absent court order, neither Party shall disclose the terms hereof except to legal, tax, or financial advisors bound by confidentiality.

5.4 No Encumbrance of Separate Property for Third-Party Debts. Neither Party shall pledge or encumber Separate Property to secure obligations of the other Party without prior written consent.

6. DEFAULT & REMEDIES

6.1 Events of Default. Any breach of Sections 3, 4, or 5 constitutes an “Event of Default.”

6.2 Notice & Cure. The non-breaching Party shall give written notice specifying the breach. The breaching Party shall have thirty (30) days to cure, if curable.

6.3 Remedies. Upon an uncured Event of Default, the non-breaching Party may seek:
(a) specific performance;
(b) temporary or permanent injunctive relief;
(c) reallocation of property consistent with the intent of this Agreement; and
(d) recovery of reasonable attorneys’ fees and costs incurred in enforcement.

[// GUIDANCE: Idaho family courts retain equitable discretion; drafting specific performance preserves the right to seek injunctive relief in family-court equity.]

7. RISK ALLOCATION

7.1 Mutual Indemnification. Each Party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party (“Indemnified Party”) from any Losses arising out of the Indemnifying Party’s:
(a) breach of this Agreement; or
(b) debts, liabilities, or obligations not expressly assumed by the Indemnified Party herein.

7.2 Liability Caps. Except for willful misconduct or fraud, each Party’s aggregate liability under this Agreement shall not exceed the greater of (i) the value of that Party’s Separate Property misappropriated or (ii) [DOLLAR AMOUNT OR FORMULA] (“Liability Cap”).

7.3 Force Majeure. Neither Party shall be liable for delay or non-performance caused by events beyond reasonable control (e.g., natural disasters, war, governmental action), provided the affected Party gives prompt notice and resumes performance as soon as practicable.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement and any dispute or claim arising hereunder shall be governed by, and construed in accordance with, the laws of the State of Idaho, without regard to conflict-of-laws principles.

8.2 Forum Selection. Subject to Section 8.3, jurisdiction and venue shall lie exclusively in the [COUNTY] County District Court, Family Law Division.

8.3 Arbitration. For issues eligible for arbitration under Idaho family-law practice (e.g., characterization disputes, valuation questions), either Party may elect binding arbitration pursuant to the Idaho Uniform Arbitration Act. Matters of child custody, child support, or other non-arbitrable issues shall remain within the exclusive jurisdiction of the family court.

8.4 Injunctive Relief. Nothing in this Section 8 limits either Party’s right to seek provisional or equitable relief (including specific performance) in a court of competent jurisdiction.

8.5 Jury Waiver. The Parties acknowledge that Idaho family-law proceedings are tried without a jury, and accordingly waive any right to a jury to the extent one may otherwise apply.

9. GENERAL PROVISIONS

9.1 Amendments; Waivers. No amendment or waiver of any provision shall be effective unless in a written instrument signed by both Parties and notarized.

9.2 Assignment. This Agreement is personal to the Parties and may not be assigned or delegated without prior written consent, except by operation of law at death.

9.3 Severability; Reformation. If any provision is held unenforceable, the remainder shall be enforced to the fullest extent permitted. A court of competent jurisdiction may modify any invalid provision to reflect the Parties’ intent and render it enforceable.

9.4 Entire Agreement. This Agreement, together with the Disclosure Schedules and any executed instruments contemplated herein, constitutes the entire agreement between the Parties regarding the subject matter and supersedes all prior negotiations.

9.5 Successors & Assigns. Subject to Section 9.2, this Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, personal representatives, and permitted assigns.

9.6 Counterparts; Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which constitutes an original and all of which together constitute one instrument. Signatures transmitted electronically or by facsimile shall be deemed originals.

9.7 Headings. Headings are for convenience only and shall not affect interpretation.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Premarital Agreement as of the Effective Date.

NOTARY ACKNOWLEDGMENTS
State of Idaho )
County of [__] ) ss.

On this _ day of _, 20, before me, the undersigned, a Notary Public in and for said State, personally appeared [PARTY A], known or identified to me (or whose identity was proven on the basis of satisfactory evidence) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same.

(SEAL)

Notary Public for Idaho
My Commission Expires: ______

[Duplicate notary block for Party B]

SCHEDULES (Attach)

Schedule 1 – Party A Separate Assets
Schedule 2 – Party B Separate Assets
Schedule 3 – Liabilities
Schedule 4 – Income & Expectancies

[// GUIDANCE: Idaho law requires “fair and reasonable” disclosure; attach detailed asset/liability schedules. Consider attaching recent balance sheets, tax returns, and independently prepared valuations for closely held businesses.]