2005 Idaho Code - 32-925 — ENFORCEMENT

                                  TITLE  32
                              DOMESTIC RELATIONS
                                  CHAPTER 9
                       HUSBAND AND WIFE -- SEPARATE AND
                              COMMUNITY PROPERTY
    32-925.  ENFORCEMENT. (1) A premarital agreement is not enforceable if the
party against whom enforcement is sought proves that:
    (a)  That party did not execute the agreement voluntarily; or
    (b)  The agreement was unconscionable when it was executed and, before
    execution of the agreement, that party:
         (i)   Was not provided a fair and reasonable disclosure of the
         property or financial obligations of the other party;
         (ii)  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
         (iii) Did not have, or reasonably could not have had, an adequate
         knowledge of the property or financial obligations of the other
         party.
    (2)  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.
    (3)  An issue of unconscionability of a premarital agreement shall be
decided by the court as a matter of law.