They believe it is a “jinx” on the marriage or that it assumes the parties will ultimately divorce.
While the issue can be an awkward one for some people, a good prenuptial agreement can be a useful tool for both parties to a prospective marriage. Prenuptial agreements provide a formal record for what each party had coming into the marriage, making a situation a lot easier to sort out if it becomes necessary later on. However, just because you have a back-up plan does not mean it has to be used.
Prenuptial agreements are premised on full disclosure. That means you risk having a prenuptial agreement thrown out or invalidated if you or the other party fails to fully disclose all assets and debts. It is advisable to get a prenuptial agreement done well in advance of the marriage, preferably two or three months before the wedding date. Prenuptial agreements done on the eve of marriage are open later to charges of coercion. Usually both parties have their own attorney to represent them through the process.
Idaho Code Sections 32-921 to 32-929 governs the validity of prenuptial agreements and how they must be written. Prenuptial agreements can determine things like how property division is to be handled in the event of a divorce, modification or elimination of alimony and the choice of law.
If this is your second marriage or you have children from a previous relationship, prenuptial agreements can protect assets that you bring into the marriage as well as any assets you wish your child to inherit.
