Antenuptial Agreement

Prenuptial agreements are enforceable in extremely Rhode Island (RI). One marriage contract is also commonly called the marriage contract or agreement Antenuptial. A marriage contract must be drafted by an Act of Rhode Island divorce and family lawyer / jurist.

The Rhode Island Supreme Court has concluded prenuptial agreements extremely difficult to put aside!

Rhode Island General Law 15-17-6 and established the Rhode Island Supreme Court decisions to create a heavy burden on a person seeking to invalidate a prenuptial agreement in Rhode Island.

Rigler Section 15-17-6 states:

<blockquote> (a) A marriage contract is not enforceable if the party against whom enforcement is sought proves that:

(1) This section does not execute the agreement voluntarily and

(2) The agreement was unreasonable when he was executed and, before execution of the agreement, the following:

(I) has not received a fair and reasonable disclosure of property or financial obligations of the other party;

(Ii) does not voluntarily and expressly waive, in writing, any right to disclosure of property or financial obligations of the other party beyond the disclosure provided;

(Iii) did not have, or could not reasonably have had sufficient knowledge of the property or financial obligations of the other party.

(B) The burden of proving each element necessary for a marriage contract held to be unenforceable shall be on the party seeking to have the agreement declared unenforceable and must be proven by clear and convincing evidence.

(C) If a provision in a marriage contract modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for assistance under a program public assistance at the time of separation or the dissolution of marriage, the court, notwithstanding the terms of the agreement may require the other party to provide support to the extent necessary to avoid that eligibility.

(D) A question of excessive for a contract of marriage should be decided by the Court as a matter of law. "</ Blockquote>

The purpose of the Act is "to preserve the validity of these agreements." To annul a marriage contract, a person must prove each element of the law by clear and convincing evidence.

Ultimately for prenuptial agreements are extremely difficult to reverse in Rhode Island. There is a potential trap exists. If the home switch parties and divorce in a different state, another state might be reluctant to apply the law of Rhode Island. I always insert a paragraph in my prenuptial agreements that Rhode Island law governs the interpretation and applicability of the agreement. However, nothing guarantees 100 percent that some court in another state follow RI law.

If a person signs a prenuptial without a lawyer, it is enforceable?

Yes. It may be preferable for a person to have a lawyer but he is far from being necessary for the prenuptial agreement enforceable.