| Prenuptial agreements are extremely enforceable in | | | | to be unenforceable shall be on the party seeking to |
| Rhode Island (RI). A Prenuptial agreement is also | | | | have the agreement declared unenforceable and |
| commonly called a Premarital Agreement or an | | | | must be proven by clear and convincing evidence. |
| Antenuptial agreement. A Prenuptial agreement should | | | | (c) If a provision of a premarital agreement modifies |
| be drafted by a Rhode Island Family Law and | | | | or eliminates spousal support and that modification or |
| Divorce attorney / lawyer. | | | | elimination causes one party to the agreement to be |
| The Rhode Island Supreme Court has made | | | | eligible for support under a program of public |
| prenuptial agreements extremely difficult to set aside! | | | | assistance at the time of separation or marital |
| Rhode Island General Law 15-17-6 and established | | | | dissolution, a court, notwithstanding the terms of the |
| Rhode Island Supreme Court decisions create a | | | | agreement, may require the other party to provide |
| heavy burden on a person seeking to invalidate a | | | | support to the extent necessary to avoid that |
| prenuptial agreement in Rhode Island. | | | | eligibility. |
| R.I.G.L Section 15-17-6 states: | | | | (d) An issue of unconscionably of a premarital |
| | | | | agreement shall be decided by the court as a matter |
| <blockquote>(a) A premarital agreement is not | | | | of law." </blockquote> |
| enforceable if the party against whom enforcement | | | | The intent of the statute is to "preserve the validity |
| is sought proves that: | | | | of such agreements". In order to invalidate a |
| (1) That party did not execute the agreement | | | | premarital agreement a person must prove every |
| voluntarily; and | | | | element of the statute by clear and convincing |
| (2) The agreement was unconscionable when it was | | | | evidence. |
| executed and, before execution of the agreement, | | | | The bottom line is the premarital agreements are |
| that party: | | | | extremely difficult to invalidate in rhode Island. There |
| (i) Was not provided a fair and reasonable disclosure | | | | is one potential trap that exists. If the parties change |
| of the property or financial obligations of the other | | | | residency and get divorced in a different state, the |
| party; | | | | other state might be hesitant to enforce Rhode |
| (ii) Did not voluntarily and expressly waive, in writing, | | | | Island law. I always insert a paragraph in my |
| any right to disclosure of the property or financial | | | | prenuptial agreements that Rhode Island law will |
| obligations of the other party beyond the disclosure | | | | govern the interpretation and enforceability of the |
| provided; and | | | | agreement. However, there is no 100 percent |
| (iii) Did not have, or reasonably could not have had, | | | | assurance that some judge of a different state will |
| an adequate knowledge of the property or financial | | | | follow RI Law. |
| obligations of the other party. | | | | If a person signs a prenuptial without a lawyer is it |
| (b) The burden of proof as to each of the elements | | | | enforceable? |
| required in order to have a premarital agreement held | | | | |