Enforceability of Prenuptial Agreements!

Prenuptial agreements are extremely enforceable in Rhode Island (RI). A Prenuptial agreement is also commonly called a Premarital Agreement or an Antenuptial agreement. A Prenuptial agreement should be drafted by a Rhode Island Family Law and Divorce attorney / lawyer.
The Rhode Island Supreme Court has made prenuptial agreements extremely difficult to set aside!
Rhode Island General Law 15-17-6 and established Rhode Island Supreme Court decisions create a heavy burden on a person seeking to invalidate a prenuptial agreement in Rhode Island.
R.I.G.L Section 15-17-6 states:
(a) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:
(1) That party did not execute the agreement voluntarily; and
(2) The agreement was unconscionable when it was executed and, before execution of the agreement, that party:
(i) Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;
(ii) Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and
(iii) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.
(b) The burden of proof as to each of the elements required in order to have a premarital agreement 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 of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility.
(d) An issue of unconscionably of a premarital agreement shall be decided by the court as a matter of law."
The intent of the statute is to "preserve the validity of such agreements". In order to invalidate a premarital agreement a person must prove every element of the statute by clear and convincing evidence.
The bottom line is the premarital agreements are extremely difficult to invalidate in rhode Island. There is one potential trap that exists. If the parties change residency and get divorced in a different state, the other state might be hesitant to enforce Rhode Island law. I always insert a paragraph in my prenuptial agreements that Rhode Island law will govern the interpretation and enforceability of the agreement. However, there is no 100 percent assurance that some judge of a different state will follow RI Law.
If a person signs a prenuptial without a lawyer is it enforceable?
Yes. It may be preferable for a person to have a lawyer but it is far from required to make the premarital agreement enforceable.
David Slepkow is a Rhode Island lawyer concentrating in divorce, family law, restraining orders, child support, custody and visitation. David Slepkow has been practicing for over 9 years and is licensed in Rhode Island , Massachusetts and Federal Court. Free initial consultations. Credit Cards Accepted.
You can contact attorney David Slepkow by going to http://www.slepkowlaw.com/ or by calling him at 401-437-1100.
Also please visit : East Providence RI divorce Attorney
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