Antenuptial Agreements Sometimes Referred To As Prenuptial Agreements

An ante nuptial agreement is a written agreement between a husband and wife which is entered into before they marry and usually states how the property is to be divided and how much maintenance, if any, is to be paid if the parties ever divorce. Antenuptial agreements are recognized in Idaho. If they are fair and entered into with both parties disclosing everything they need to without one party trying to coerce or defraud the other, antenuptial agreements can be a good way to take care of practical matters before the marriage.

It is important, however, that each party understands the agreement completely before signing it and that each has her or his own attorney. Examples of antenuptial agreements can be found in books available at a public library.
E. COMMON LAW MARRIAGE
Idaho used to be one of a small number of states, which did not require that a marriage be solemnized by a person authorized to perform marriage ceremonies. A marriage entered into without such solemnization is called a common law marriage. After January 1, 1996, new common law marriages are no longer recognized in Idaho. Common law marriages entered into before that date may still be recognized.

To have formed a common law marriage, before January 1, 1996, both parties must have consented to be married, held themselves out in the community as husband and wife and assumed marital rights, duties and obligations. No minimum time of living together was required or necessary to form a common law marriage.

The requisites for marriage discussed in Part A of this chapter, except for the requirement of a marriage license, apply to common law marriage. A common law marriage carries with it all the rights and responsibilities of a ceremonial marriage, including inheritance and community property rights.
F. MARRIAGES RECOGNIZED IN IDAHO
Idaho recognizes marriages entered into out of the state unless the marriage violates the public policy of the state. Public policy does not recognize same sex marriages or marriages entered into out-of-state or in a foreign country with the intent to get around the marriage laws of Idaho.