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Enforceability of Prenuptial Agreements in Rhode Island by a RI Family Law Lawyer

By David Slepkow

Services for Real Estate Pros with Slepkow Slepkow & Associates, Inc.

August 24, 2008 11:41 AM

Prenuptial agreements are extremely enforceable in Rhode Island (RI). A prenuptial agreement is also commonly called a Premarital Agreement or an Antenuptial agreement. A prenuptial agreement should be drafted by a Rhode Island Family Law and Divorce attorney / lawyer. Prenuptial agreements are also intercheangeably referred to as premarital agreements and antenuptial agreements. The Rhode Island supreme Court has made prenuptial agreements extremely difficult to set aside

Prenuptial Agreements in Rhode Island by Rhode Island Family Law Lawyer, David Slepkow.

Prenuptial agreements are extremely enforceable in Rhode Island (RI). A Prenuptial agreement is also commonly called a Premarital Agreement or an Antenuptial agreement. A Prenuptial agreement should be drafted by a Rhode Island Family Law and Divorce attorney / lawyer.

The Rhode Island supreme Court has made prenuptial agreements extremely difficult to set aside!

Rhode Island General Law 15-17-6 and Marsocci v Marsocci, 911 A.2d 690 (R.I. 2006) create a heavy burden on a person seeking to invalidate a prenuptial agreement in Rhode Island.

The seminal case in Rhode Island concerning prenuptial agreements is Marsocci v. Marsocci, 911 A.2d 690 (RI 2006) In Marsocci, the Court stated "In Rhode Island, the enforceability of a premarital agreement is governed by the Uniform Premarital Agreement Act as codified in § 15-17-6. Section 15-17-6 states:

<b>(a) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:

(1) That party did not execute the agreement voluntarily; and

(2) The agreement was unconscionable when it was executed and, before execution of the agreement, that party:

(i) Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;

(ii) Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and

(iii) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.

(b) The burden of proof as to each of the elements required in order to have a premarital agreement held to be unenforceable shall be on the party seeking to have the agreement declared unenforceable and must be proven by clear and convincing evidence.

(c) If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility.

(d) An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law." <b>

In Marsocci, the Rhode Island Supreme Court reasoned "We have noted that when the Legislature enacted the provisions of § 15-17-6, it clearly evidenced the intent to preserve the validity of such agreements [and] * * * [maintain] the integrity of such agreements." Id. at 696. Citing Penhallow v. Penhallow, 649 A.2d 1016, 1021 (R.I. 1994).

The Marsocci Court further opined "To that end, the Legislature placed a significant burden upon the party seeking to render the agreement unenforceable - that party must prove all of the elements in §§ 15-17-6(a)(1) and (2), and must do so by clear and convincing evidence."
"We are satisfied that § 15-17-6(b) unambiguously provides that: '[t]he burden of proof as to each of the elements required in order to have a premarital agreement held to be unenforceable shall be on the party seeking to have the agreement declared unenforceable' * * *."

In Marsocci, the husband David and the wife Debra were married on August 26, 1995. The parties signed a prenuptial agreement four days prior to the wedding. Both parties signed the agreement, and it was witnessed. "The trial justice found that each asset David Listed was unaccompanied by a dollar value; nor was there a written waiver of Debra's right to disclosure of the value of her husband's property and his financial obligations."

In Marsocci, the trial judge stated "There is no information contained in this agreement as to the values of any of Mr. Marsocci's assets." The trial judge found that Debra " has nothing and agrees to end up with nothing after her marriage..." The husband, David, was represented by counsel and the wife Debra did not have an attorney representing her.

The Court upheld the validity of the prenuptial agreement holding that Debra did not prove all of the elements of the Premarital Agreement Act by clear and convincing evidence.

<br>If a person signs a prenuptial without a lawyer is it enforceable?<br>

Yes. It may be preferable for a person to have a lawyer but it is far from required to make the premarital agreement enforceable.

David Slepkow is a Rhode Island lawyer concentrating in divorce, family law, restraining orders, child support, custody and visitation. David Slepkow has been practicing for over 9 years and is licensed in Rhode Island , Massachusetts and Federal Court. Free initial consultations. Credit Cards Accepted. You can contact attorney David Slepkow by going to <a target="_new" href="http://www.slepkowlaw.com">http://www.slepkowlaw.com</a> or by calling him at 401-437-1100.

Also please visit: http://www.slepkowlaw.com/divorce.htm (Information and Links Concerning East Providence RI Attorney David Slepkow and Rhode Island Divorce, Child Support and Family Law)

Also please visit: http://www.slepkowlaw.com/support.htm (Rhode Island Child Support law information)

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