According to the court’s opinion, Husband and Wife filed for divorce after 26 years of marriage. At the time the court entered an order dissolving the marriage, it incorporated a marriage settlement agreement (the “agreement”) that the parties had agreed upon. Among other things, the marriage settlement agreement provided that Wife would retain sole ownership of the former couple’s two dogs. The agreement also stated that Husband was permitted to take the dogs for visits from Tuesday morning through Thursday morning.

For about six months, Husband was able to visit the dogs under the terms of the agreement. However, Wife eventually stopped allowing Husband to visit the dogs. Husband requested the court step in to enforce the terms of the marriage settlement agreement, asking the court to order Wife to allow his visits and provide for make-up visits. Wife responded with her own request to the court, claiming that she should not need to comply with the agreement because Husband was not properly caring for the dogs and had attempted to keep them away from her, in violation of the agreement.

Wife claimed that on several occasions the dogs needed to go to the vet after Husband’s visits. Additionally, she claimed that Husband claimed one of the dogs was missing when it was later found in his closet. Husband responded that under the terms of the agreement, he was not permitted to take the dogs to the vet; otherwise, he would have done so himself. He also explained that he was honestly mistaken about the location of the dog, and that he too was surprised it was in his closet.

The trial court determined that Husband acted in good faith, and that Wife violated the terms of the agreement when she refused Husband’s visits. The Wife appealed.

On appeal, the lower court’s decision was affirmed. The appellate court explained that the trial court’s decision was entitled to deference and, based on the evidence presented, the decision was reasonable. The court went on to explain that the dogs, under the law, are considered “property,” and an agreement as to possession of property cannot be set aside by the court if one party later changes her mind. Thus, the court ordered Wife to allow Husband’s visits with the dogs.

Are You Considering a Rhode Island Divorce?

If you are currently separated from your spouse or are considering filing for a divorce, contact the dedicated Rhode Island family law attorneys at Bilodeau Capalbo. At Bilodeau Capalbo, we represent clients in a wide variety of Rhode Island family law cases, including divorce, child custody disputes, and property disputes. To learn more about how we can help you with your situation, call 401-300-4055 to schedule a free consultation today.

Prospective spouses may enter into a premarital agreement for any number of reasons, most of which are valid. Rhode Island law provides for certain default rules to be applied in the event of death or divorce, and these rules may not work for all couples. Thus, couples can clarify their intent to have a different set of rules apply in their marriage by creating a premarital agreement. Most often, Rhode Island prenuptial agreements are designed to provide the parties financial clarity.

The Enforceability of Prenuptial Agreements

As a general rule, validly created Rhode Island premarital agreements are considered binding against the parties. In Rhode Island, courts look to the Uniform Premarital Agreement Act when determining whether an agreement is valid. Notably, Rhode Island courts place a heavy burden on the party seeking to invalidate the agreement.

Under the Rhode Island Uniform Premarital Agreement Act, a spouse claiming a premarital agreement is invalid must show that the agreement was not executed voluntarily and that the agreement was unconscionable at the time it was made. This is notable because many other states that use the Uniform Premarital Agreement Act allow for a premarital agreement to be declared invalid if it was entered into involuntarily or if it was unconscionable at formation.

In addition, the party seeking to set aside a Rhode Island premarital agreement must show that, before the agreement was entered into:

• they were not provided a fair or reasonable disclosure of the other party’s assets and financial obligations;
• they did not waive the right to such disclosure; and
• did not have actual or constructive knowledge of the other party’s assets or financial obligations

To be sure, it is not a simple task to establish that a Rhode Island premarital agreement is invalid. However, it is also important to note that prenuptial agreements cannot cover certain topics, such as an agreement to have or not to have children. Similarly, premarital agreements cannot include terms regarding the custody of children or the payment of child support.

Are You Considering a Rhode Island Premarital Agreement?

If you are about to be married and are considering a Rhode Island premarital agreement, or if you are in the process of divorce and are concerned about the enforcement of a prenuptial agreement, contact the dedicated Rhode Island family law attorneys at the law firm of Bilodeau Capalbo. At Bilodeau Capalbo, we represent clients who are dealing with all types of family law issues including the drafting and enforcement of Rhode Island prenuptial agreements. To learn more, and to schedule a free consultation with an attorney today, call 401-300-4055.

See Related Posts: What Is an Easement in Rhode Island Real Estate Law?, Rhode Island Divorce Lawyer Blog, February 13, 2019.

Can a Rhode Island Marriage Be Annulled or Declared Void?, Rhode Island Divorce Lawyer Blog, March 4, 2019.

What Is a Prenuptial Agreement?

A prenuptial agreement, also called a premarital agreement, is a contract that is entered into in anticipation of marriage. Under Rhode Island’s Uniform Premarital Agreement Act, a premarital agreement can cover a broad range of issues, including:

• The rights of the parties to use property;
• The disposition of property upon separation or divorce;
• The modification or elimination of spousal support;
• Ownership of either parties’ life insurance benefits; and
• The choice of law governing the divorce proceeding.

Importantly, the factors listed in the Uniform Premarital Agreement Act are non-exhaustive, meaning that a party can include terms covering any matter that is not against public policy or in violation of a criminal statute.

Of course, not all premarital agreements will be enforceable. First, agreements that were not voluntarily entered into by both parties will not be enforced. Similarly, agreements that are determined to be unconscionable may not be enforced. An unconscionable agreement is one that unreasonably favors one party to the other party’s detriment.

In some situations, the bulk of a premarital agreement may be enforceable, but certain terms may be modified or removed by a court. For example, if an agreement purports to waive spousal support, but in doing so the spouse that would have received such support will the qualify for public assistance, the court may order that spouse receive support so that they will no longer require public assistance.

When it comes to issues of child support or child custody, courts are not bound to the terms of a marital agreement. This is because matters involving children implicate public policy concerns which, as noted above, cannot be included in a Rhode Island premarital agreement.

Are You About to Get Married?

If you are engaged and going to get married, you should consider contacting the dedicated Rhode Island family law attorneys to discuss drafting a premarital agreement. The dedicated family law attorneys at Bilodeau Capalbo have extensive experience handling Rhode Island divorce cases, and have a keen understanding of the issues that tend to cause problems in a marriage. With our help, you can get out in front of these problematic issues and rest assured that, should your marriage end in separation or divorce, both parties will be adequately protected. To learn more, and to schedule a free consultation with an experienced Rhode Island premarital agreement attorney, call 401-300-4055 today.

See Related Posts: The Importance of Understanding a Rhode Island Auto Insurance Policy, Rhode Island Divorce Lawyer Blog, January 21, 2019.

How Do Courts Divide Assets in a Rhode Island Divorce?, Rhode Island Divorce Lawyer Blog, January 29, 2019.