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If you don't sign a prenup, the state's laws will govern the division of property and other financial matters in the event of a divorce. These laws vary by state, but they generally fall into one of two categories: community property or equitable distribution.

Prenuptial Agreements In Idaho: Common Mistakes to Avoid It should include the assignment of property as well as asset rights to both parties. Whether you come from a wealthy background or not, a prenuptial agreement is a good idea. Having a prenuptial agreement in place can protect assets in the event of a divorce.

A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration. The premarital agreement shall be executed and acknowledged or proved as provided in sections 32-917 through 32-919, Idaho Code.

"A prenup is less important if the parties do not have substantial assets, and/or do not wish to limit or waive spousal support in the event of a divorce or separation," Goikhman says. "Even in these circumstances, it's still a good idea to get a prenup to fully identify and define the goals and wishes of the parties."

Also, many people are unaware that, even if you or your spouse (or both) enter a marriage with no assets, future assets obtained during the marriage can be self-defined as well with a prenuptial agreement.

How to Make a Prenuptial Agreement (6 steps) Discuss Each Other's Intentions. Determine Affordability. Seek Legal Counsel. Make a List of Financial Assets. Negotiate and Agree to Terms. Sign the Agreement (Requirements)