A premarital agreement, also called a prenuptial agreement, is an agreement between prospective spouses regarding the disposition of the couple’s assets in the event that the marriage ends. A premarital agreement applies not only upon divorce, but also upon the death of one of the spouses.
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.