Download Rhode Island Prenuptial Agreement Form [PDF]

Explore the legal framework of the Rhode Island prenuptial agreement and create your own prenuptial agreement using our template.

Last update: 22 Apr 2024

Download Rhode Island Prenuptial Agreement Form [PDF]

The Rhode Island prenuptial agreement is a legal document that future spouses use to determine their individual property's status before entering a marriage.

In this agreement, each future spouse will provide detailed information on all their assets and liabilities and determine which one of them will be considered their individual property and not be shared in the event of a marriage dissolution.

The parties can use the prenuptial agreement after marriage to determine their financial rights and obligations. Therefore, the parties should be very careful when drafting the prenup agreement since any mistake in the process can have serious financial consequences for the parties.

Laws and Legal Requirements for a Prenuptial Agreement in Rhode Island

The laws and legal requirements for a prenuptial agreement in Rhode Island are all incorporated in Title 15, Chapter 17 of the Rhode Island General Laws, called the Uniform Premarital Agreement Act.

This chapter uses the term premarital agreement, and it defines it as “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.”

Moreover, it defines property as “an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.”

Signing Requirements for a Prenuptial Agreement in Rhode Island

Section 15-17-2 of the Rhode Island General Laws provides that the prenuptial agreement must be made in writing. Additionally, it stipulates that both parties to the agreement must sign the document.

The state law doesn’t explicitly require the notarization of the prenup agreement. However, the parties should consider completing this step whenever possible. The main benefit of this step is that it additionally confirms the authenticity of the document, which prevents disputes and fraudulent activities.

Prenuptial Agreement Enforcement in Rhode Island

According to Section 15-17-6, the court can refuse to enforce the Rhode Island prenuptial agreement form if one of the parties proves that:

Prenuptial Agreement Enforcement Conditions

  • They have signed the prenup agreement under coercion or force

  • The other partner didn’t fully or truthfully disclose their financial status

  • The prenup agreement is unconscionable

  • They didn’t have, or reasonably couldn’t have, knowledge about the financial status of the other party

Moreover, a provision of the agreement canceling the right to support one of the parties after divorce can be declared unenforceable by the court if it makes one of the parties eligible for support under a program of public assistance.

What Can a Prenuptial Agreement in Rhode Island Cover?

The prenuptial agreement template can include different kinds of provisions depending on the needs of future spouses.

The list below provides the most common matters that can be regulated with the prenuptial agreement:

Provisions in a Prenuptial Agreement

  • Rights and responsibilities of each spouse for their individual property

  • Right to buy, sell, lease, mortgage, or manage the property parties acquire during the marriage

  • Matters related to the retirement or pension accounts

  • Status of inherited property during the marriage

  • Division of the property accumulated during the marriage in case of a marriage dissolution

  • Matters related to spousal support and alimony

  • Matters related to the relevant law that will regulate the prenuptial agreement

However, the prenuptial agreement cannot regulate matters related to child support since this is in the exclusive jurisdiction of the court.

Prenuptial Agreement in Rhode Island: Validity Criteria

The most fundamental infractions that can jeopardize the legality of the prenuptial agreement form are those that go against the formality requirements set forth by state law. This means that the prenup agreement will be considered invalid if it is not made in written form and if it’s not signed by both parties.

Moreover, the prenuptial agreement will be considered invalid if the parties don’t get married after signing it.

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