How Will My Prenuptial Agreement Be Enforced in Rhode Island?
Rhode Island has adopted the Uniform Premarital Agreement Act (UPAA), which has laid out specific standards for how and when a prenuptial agreement is enforced. Providing that the agreement is drawn up and signed prior to marriage, it will usually be upheld with the following exceptions:
Both spouses were not in agreement upon signing.
If you and your spouse were not in agreement or the agreement was significantly unfair to one or other spouse when signed, it may not be enforced.
Either you or your spouse did not provide full disclosure.
If you or your spouse did not provide complete information about your assets or debts at the time of signing, and this information could not otherwise be reasonably obtained, the prenuptial agreement may not be enforced.
Additionally, a prenuptial agreement cannot be used to determine the conditions of child custody, consideration of visitation rights, or assessment of child support payments for children you may have during the time of your marriage. Should you and your spouse divorce, these issues will be decided by a judge, who will first review all evidence and testimony pertaining to your specific situation. The judge’s final decision will be based on the best interests of the children.
Making a prenuptial agreement can help protect your assets and property should your marriage end in divorce. Understanding and clarifying your legal rights in this situation can help reduce stress and avoid conflict.
Do You Need To Speak To A Rhode Island Divorce Attorney?
If you are considering a divorce you need to speak with an experienced Rhode Island divorce attorney as soon as possible. Please contact us online or call our Warwick office directly at 401.946.3200 to schedule your free consultation. We help divorce clients in Providence, Warwick and all areas of Rhode Island.
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