Download Rhode Island Postnuptial Agreement Form [PDF]

Read our comprehensive guide on how to draft the Rhode Island postnuptial agreement using our professional legal document builder.

Last update: 30 Apr 2024

Download Rhode Island Postnuptial Agreement Form [PDF]

The Rhode Island postnuptial agreement is a legal document created between two spouses for the purpose of defining their financial and non financial relationship. The postnuptial agreement can regulate how the spouses will regulate their property during the marriage, but it can also be used for determining matters like property division in case the parties get divorced.

There is a difference between postnuptial and prenuptial agreements. With prenup agreements, the parties sign the document before they get married. However, with postnup agreements, the spouses sign the document once they enter the marriage.

The postnuptial agreement can benefit the parties in the way that it will outline all the rules related to their property and prevent potential misunderstandings and disputes between the parties.

Laws and Legal Requirements for a Postnuptial Agreement in Rhode Island

The laws and legal requirements for a postnuptial agreement in Rhode Island define what the postnuptial agreement form should look like and what provisions it can or cannot include. Moreover, the legality of the postnuptial agreement is determined by its accordance with state laws and requirements.

The main sources of law for determining the legality of postnup agreements in Rhode Island are state laws and court decisions.

Title 15, Chapter 17 of the Rhode Island General Laws provides the basic legal requirements for the postnuptial agreement form in Rhode Island.

Signing Requirements for a Postnuptial Agreement in Rhode Island

The Rhode Island postnuptial agreement must be in written form and signed by both spouses.

Although the state law doesn’t explicitly require it, the parties should also consider having their postnup agreement witnessed or notarized. The witnesses or the notary will confirm the identity of the signing parties and acknowledge that they have personally signed the agreement. This will further confirm the authenticity of the document and prevent potential fraud.

Postnuptial Agreement Enforcement in Rhode Island

Section 15-17-6 provides that the court can declare the postnuptial agreement unenforceable if one of the parties proves that:

Postnuptial Agreement Enforcement Conditions

  • They haven’t signed the agreement voluntarily. This means that they signed the document under coercion, duress, or some other kind of manipulation of their free will

  • The postnuptial agreement was unconscionable when it was executed.

The reason for the unconscionability of the agreement can be the fact that one of the parties failed to provide complete and truthful disclosure of their financial status at the moment of signing the agreement. In addition, the party raising a claim of unconscionability should not have waived any obligation to a full disclosure of the other party.

What Can a Postnuptial Agreement in Rhode Island Cover?

The postnuptial agreement in Rhode Island can cover different matters related to the financial and non-financial relationships of the parties.

Section 15-17-3 provides a list of matters that can be covered by the Rhode Island postnuptial agreement template:

Provisions in a Postnuptial Agreement

  • Rights and obligations of each party in terms of their individual or marital property

  • The right to sell, buy, transfer, exchange, lease, mortgage, or manage the property acquired during the marriage

  • The agreement on how the property will be divided in case of marriage dissolution, divorce, death, or any similar event

  • Matters related to spousal support, insurance, pensions, wills, trusts, and more

  • The choice of law governing the construction of the agreement

Section 15-17-3(b) provides, however, that the postnuptial agreement cannot include provisions related to child support since the regulation of this matter is in the exclusive jurisdiction of the court.

Postnuptial Agreement in Rhode Island: Validity Criteria

To be considered valid, the Rhode Island postnuptial agreement must meet the formality criteria set by the state law. This means that the document must be made in writing and that both parties to the agreement must sign it.

Moreover, the validity of the agreement is also connected with the existence of the marriage. This means that the parties must sign the agreement after they enter the marriage.

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