Rhode Island Prenuptial Agreement Attorney

A prenuptial agreement is a premarital contract between two future spouses that addresses property division, alimony, and even death benefits. Each spouse must sign a written agreement for it to be binding. If a couple wishes to change anything in the agreement, these changes must be done in writing.

Here are some of the common issues that a prenuptial agreement may address:

• The rights and responsibilities of each spouse when it comes to separate or marital assets
• How separate and marital property is divided after divorce or death
• How each spouse can purchase, use, control, exchange, or transfer property
• Which spouse will receive alimony payments upon divorce
• How business accounts and assets are safeguarded
• Which property is considered separate inheritance for children in previous relationships

However, prenups cannot resolve child custody and child support disputes in Rhode Island. Rather, a judge must make a decision based on the child’s best interests and needs at a hearing.

Is It Worth Getting a Prenup?

While anyone can get a prenup, they are not for everyone. 

Prenups are most prevalent among the following individuals:

• Those who are about to enter a second marriage;
• Those who have children from a previous relationship;
• Those who have a significant amount of assets; or 
• Those who own businesses.

Understanding How Rhode Island Courts Enforce Prenuptial Agreements

The Uniform Prenuptial Agreement Act (UPAA) establishes the requirements and guidelines for prenups in Rhode Island. Most prenuptial agreements will be upheld by the court unless one spouse didn’t voluntarily enter the agreement and/or the agreement was significantly unfair upon signing.

Common examples of an unfair prenup include:

• One spouse failed to provide all of his/her assets and debts
• One spouse didn’t waive his/her rights to disclosure of the other’s finances
• One spouse could not have reasonably obtained information about the other spouse’s finances

Exploring Postnuptial Agreements: What You Need to Know

Similar to a prenup, a postnuptial agreement is made after the couple officially marries. Whether a couple didn’t have time to draft a prenup or wish to obtain extra peace of mind about finances and/or the future, a postnuptial agreement is created in the same manner as a prenup and upheld in Rhode Island court.

Contact Us Today to Schedule a Consultation

Drafting a prenuptial agreement can be complex and difficult, which is why having an experienced Rhode Island prenuptial agreement attorney on your side throughout the process can ensure your rights and best interests are protected. With us, you can rest easy knowing you won't be stuck with an invalid, unfair prenup.

Do not hesitate to plan for the future with the legal help of Moyer Law, PC. We serve clients throughout Rhode Island.