A Rhode Island prenuptial agreement is a legal document serving as a forward-looking measure for couples who plan to enter marriage. It prepares them for potential future events such as divorce or the passing of a partner.
By completing and signing this document, they can protect the assets they acquired before marriage by distinctly outlining each person’s financial stakes and property rights. If the union ends, the division of assets will occur according to the couple’s stipulations. This document prevents the need for court intervention, creating a more seamless and stress-free process.
Legal Considerations
Laws:
- § 15-17-1 – Definitions
- § 15-17-2 – Formalities
- § 15-17-3 – Content
- § 15-17-4 – Effective upon marriage
- § 15-17-5 – Amendment – Revocation
- § 15-17-6 – Enforcement
- § 15-17-7 – Enforcement – Void marriage
- § 15-17-8 – Limitation of actions
- § 15-17-9 – Applicability and construction
- § 15-17-10 – Short title
- § 15-17-11 – Severability
Signing Requirements: Both parties must sign this agreement, and the agreement must be in writing for it to be valid (§ 15-17-2).
Dividing Property: Equitable division (§ 15-5-16.1).
Enforceability Requirements
Requirements for Validity
Each partner (or their legal representation) must participate in creating the prenup, and each party must sign for the document to be valid and enforceable. If both parties write and sign a prenup, it’s valid without the exchange of valuable items.
Conditions Affecting Enforceability
A prenup isn’t enforceable if a party can show they didn’t sign it voluntarily or if they were unconscionable at the time of signing without properly disclosing financial obligations.
Amendment and Revocation Post-Marriage
Parties can amend or revoke their prenup after they get married, but they must both sign a written agreement stating their intentions.
Impact of Void Marriages
If the partners are in a void marriage, which is invalid from its inception, a prenup is still enforceable if it helps avoid unfair outcomes for each partner.
