Although marriage is about everlasting love, there are several obstacles married couples must face that are both expected and unexpected. While many people believe a prenuptial agreement may predispose couples to divorce or weaken their marriage, it can actually help them determine each spouse’s rights and responsibilities in the marriage and avoid arguments.
If you and your fiancé are interested in drafting a “prenup” in Rhode Island, let Moyer Law, PC help you reach an agreement that both parties feel comfortable with. For more than two decades, we have provided thousands of clients with compassionate and personalized legal solutions for a variety of family law services. Our Rhode Island prenuptial agreement lawyer can review each party’s financial situation, figure out each party’s rights and responsibilities, and create an agreement that is enforceable in court.
A prenuptial agreement is a premarital contract between two future spouses that addresses property division, alimony, and even death benefits. Each spouse must sign a written agreement for it to be binding. If a couple wishes to change anything in the agreement, these changes must be done in writing.
Keep in mind, prenups are not for everyone. They are most prevalent for individuals who are about to enter a second marriage, who have children from a previous relationship, who have a significant amount of assets, or who own businesses.
The following are the common issues that a prenuptial agreement may address:
- The rights and responsibilities of each spouse when it comes to separate or marital assets
- How separate and marital property is divided after divorce or death
- How each spouse can purchase, use, control, exchange, or transfer property
- Which spouse will receive alimony payments upon divorce
- How business accounts and assets are safeguarded
- Which property is considered separate inheritance for children in previous relationships
How Rhode Island Courts Enforce Prenuptial Agreements
The Uniform Prenuptial Agreement Act (UPAA) establishes the requirements and guidelines for prenups in Rhode Island. Most prenuptial agreements will be upheld by the court unless one spouse didn’t voluntarily enter the agreement and/or the agreement was significantly unfair upon signing.
Common examples of an unfair prenup include:
- One spouse failed to provide all of his/her assets and debts
- One spouse didn’t waive his/her rights to disclosure of the other’s finances
- One spouse could not have reasonably obtained information about the other spouse’s finances
What Are Postnuptial Agreements?
Similar to a prenup, a postnuptial agreement is made after the couple officially marries. Whether a couple didn’t have time to draft a prenup or wish to obtain extra peace of mind about finances and/or the future, a postnuptial agreement is created in the same manner as a prenup and upheld in Rhode Island court.
Schedule a Consultation to Discuss Your Options
Drafting a prenuptial agreement can be complex and difficult, which is why having an experienced Rhode Island prenuptial agreement attorney on your side throughout the process can ensure your rights and best interests are protected. Do not hesitate to plan for the future with the legal help of Moyer Law, PC. We serve clients throughout Rhode Island.
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