Before tying the knot, more couples are asking a practical question: Should we get a prenuptial agreement before marriage? While discussing finances and legal protections may not feel romantic, a prenup can bring clarity, peace of mind, and long-term protection. In Rhode Island, prenuptial agreements are recognized under state law—and when done properly, they can serve both spouses well.
What Is a Prenuptial Agreement?
A prenuptial agreement (or “prenup”) is a legal contract signed by two people before they marry. It outlines how assets, debts, and financial matters will be handled during the marriage and in the event of divorce, separation, or death.
What Can a Prenup Cover?
Rhode Island law allows prenuptial agreements to address:
- Ownership of premarital assets
- Division of marital property upon divorce
- Responsibility for debts
- Business ownership protection
- Alimony terms (in some cases)
- Inheritance rights
- How future disputes will be resolved
Prenups cannot override child custody or child support decisions, which must always align with the child’s best interests and state guidelines.
Who Should Consider a Prenuptial Agreement?
You don’t need to be wealthy to benefit from a prenup. Consider one if:
- You or your partner own a home, business, or significant assets
- One of you has considerable debt
- This is a second marriage
- There are children from a previous relationship
- You want to protect family inheritances or retirement funds
- You and your partner want to clarify financial responsibilities
A prenup isn’t about mistrust—it’s about proactive planning and setting expectations.
Is a Prenup Enforceable in Rhode Island?
Yes—but only if the agreement meets specific legal requirements. A valid prenup must:
- Be in writing and signed voluntarily
- Include full disclosure of each party’s assets and liabilities
- Be entered into well before the wedding (not under pressure)
- Be fair and not unconscionable at the time of enforcement
- Comply with the Uniform Premarital Agreement Act, which Rhode Island follows
Each party should also have their own attorney to review the agreement.
When Should You Start the Prenup Process?
Start the conversation early—ideally months before your wedding. Rushing the process can lead to claims of duress or coercion, which may invalidate the agreement.
An experienced family law attorney can:
- Help you understand your options
- Draft or review the agreement
- Ensure your rights and goals are clearly expressed
- Avoid mistakes that could make the document unenforceable later
What Happens Without a Prenup?
Without a prenuptial agreement:
- Marital assets may be divided by equitable distribution laws during divorce
- Premarital property could become mixed with marital property over time
- You may be subject to alimony obligations determined by the court
- Business ownership or inheritance could be partially awarded to your spouse
A prenup allows couples to make these decisions in advance rather than leaving them to a judge.
Related Reading
Learn more about family law and marital planning:
Final Thoughts
A prenuptial agreement before marriage can protect both parties, minimize future conflict, and strengthen communication around finances. It’s not about planning for failure—it’s about planning for clarity. If you’re considering a prenup in Rhode Island, speak with a qualified family law attorney to ensure your agreement is fair, enforceable, and aligned with your goals.
Thinking about a prenup before your wedding?
Contact McCormick Law Offices to speak with a family law attorney today.
