PRENUPTIAL AGREEMENT
(Rhode Island – Governed by R.I. Gen. Laws § 15-17-1 et seq.)
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations and Warranties
- Covenants and Restrictions
- Default and Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
- Exhibits & Schedules
[// GUIDANCE: Sections are numbered for easy cross-reference. Insert or delete provisions to suit the engagement. All bracketed text must be completed before use.]
1. DOCUMENT HEADER
This Prenuptial Agreement (“Agreement”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
• [PARTY A FULL LEGAL NAME], residing at [ADDRESS] (“Party A”); and
• [PARTY B FULL LEGAL NAME], residing at [ADDRESS] (“Party B,” and together with Party A, the “Parties,” and each a “Party”).
Recitals
A. The Parties contemplate lawful marriage to each other on or about [PROPOSED WEDDING DATE] in the State of Rhode Island.
B. Each Party desires to establish his or her respective rights and responsibilities regarding present and future property, income, and obligations, and any other matters pursuant to R.I. Gen. Laws § 15-17-1 et seq. (the “Act”).
C. The Parties intend that this Agreement become effective only upon their marriage.
D. The Parties enter into this Agreement freely, voluntarily, and upon full and fair disclosure.
Consideration
The mutual promises herein and the contemplated marriage constitute sufficient consideration.
2. DEFINITIONS
For purposes of this Agreement, capitalized terms have the meanings set forth below:
“Act” – The Rhode Island Uniform Premarital Agreement Act, R.I. Gen. Laws § 15-17-1 et seq.
“Affiliate” – Any entity that, directly or indirectly, controls, is controlled by, or is under common control with a Party.
“Disclosure Documents” – The financial statements, tax returns, and schedules of assets and liabilities attached as Schedule A (Party A) and Schedule B (Party B).
“Marital Property” – All Property designated or deemed under Section 3.2 to be subject to equitable distribution upon divorce or dissolution.
“Property” – All forms of real, personal, tangible, or intangible property, including income and appreciation thereon.
“Separate Property” – All Property designated as such in Section 3.1 or acquired in accordance with that Section.
“Spousal Support” – Alimony or maintenance within the meaning of R.I. Gen. Laws Title 15, Chapter 5.
[// GUIDANCE: Add or delete defined terms as required.]
3. OPERATIVE PROVISIONS
3.1 Separate Property
(a) Pre-Existing Assets. All Property owned by a Party as listed on his or her applicable Disclosure Documents shall remain that Party’s Separate Property.
(b) Future Acquisitions. Property acquired:
i. by gift, devise, or descent to one Party alone;
ii. in exchange for or from the proceeds of Separate Property; or
iii. pursuant to a written designation of “Separate Property” executed by both Parties,
shall constitute that Party’s Separate Property.
3.2 Marital Property
Except as expressly designated Separate Property, all Property acquired by either Party after the marriage, including salaries, wages, and earnings, shall be Marital Property and subject to equitable distribution upon divorce in accordance with Section 3.4.
3.3 Management and Control
Each Party shall have sole management, control, and disposition over his or her Separate Property. Marital Property shall be managed jointly, and neither Party may materially encumber or transfer Marital Property without the other’s written consent, except in the ordinary course of personal or business affairs.
3.4 Distribution Upon Marital Dissolution
Upon a final judgment of divorce or dissolution, Marital Property shall be divided as the Parties may agree or, absent agreement, in equal shares. Separate Property shall be set aside to the owning Party free of claim by the other.
3.5 Spousal Support
(a) Waiver. Each Party hereby knowingly and voluntarily waives and releases any right to receive Spousal Support from the other Party, except as provided in subsection (b).
(b) Public-Assistance Safety Valve. If, at the time of enforcement, the waiver would cause a Party to become eligible for public assistance, a court of competent jurisdiction may order support to the extent necessary to avoid such eligibility, consistent with § 15-17-6(b).
3.6 Rights at Death
(a) Elective Share Waiver. Each Party waives any right to an elective share, statutory share, intestate share, or other right that he or she would otherwise have in the estate of the other Party by reason of marriage.
(b) Testamentary Freedom. Nothing herein limits either Party’s right to provide for the other Party by Will, trust, beneficiary designation, or similar instrument.
3.7 Debts and Liabilities
Each Party shall be solely responsible for debts and liabilities incurred in his or her own name before or during the marriage unless the Parties expressly agree in writing to treat a specific debt as joint.
3.8 Taxes
The Parties shall file income tax returns in any manner permitted under applicable law. Any tax refunds or liabilities shall be allocated consistent with ownership of the underlying income or deductions unless the Parties otherwise agree in writing.
3.9 Consideration & Gifts Between Parties
Inter-spousal gifts during the marriage shall presumptively be Marital Property unless expressly stated otherwise in a contemporaneous writing signed by both Parties.
4. REPRESENTATIONS AND WARRANTIES
Each Party represents and warrants to the other that:
4.1 Voluntary Execution. He or she executes this Agreement voluntarily and free of duress or undue influence.
4.2 Capacity. He or she is legally competent to enter into this Agreement.
4.3 Full and Fair Disclosure. Prior to execution, he or she delivered complete Disclosure Documents accurately reflecting his or her financial condition, in compliance with § 15-17-6(a)(2).
4.4 Independent Counsel. He or she had the opportunity to consult independent legal counsel of his or her choice.
4.5 No Reliance. He or she has not relied upon any representation or promise not expressly set forth herein.
4.6 No Conflict with Law. Execution and performance of this Agreement do not violate any court order or law applicable to him or her.
Representations and warranties shall survive the marriage and any dissolution thereof.
5. COVENANTS AND RESTRICTIONS
5.1 Continuing Disclosure. Each Party shall supplement his or her Disclosure Documents upon (a) the acquisition of any asset with a value exceeding [DOLLAR AMOUNT] or (b) incurrence of liabilities exceeding [DOLLAR AMOUNT].
5.2 Further Assurances. The Parties shall execute all instruments reasonably necessary to carry out the purposes of this Agreement.
5.3 Confidentiality. Except as required by law or court order, neither Party shall disclose the terms of this Agreement to any third party other than legal or financial advisors bound by confidentiality.
6. DEFAULT AND REMEDIES
6.1 Events of Default
(a) Material breach of any representation, warranty, or covenant;
(b) Failure to provide required disclosure;
(c) Transfer or encumbrance of Separate Property in violation of Section 3.3.
6.2 Notice and Cure
The non-breaching Party shall give written notice specifying the default. The breaching Party shall have 30 days to cure, unless the breach is incapable of cure.
6.3 Remedies
Upon uncured default, the non-breaching Party may seek:
(a) Specific performance or injunctive relief;
(b) Declaratory judgment;
(c) Reallocation of property interests to restore the Parties to the positions contemplated herein;
(d) Recovery of reasonable attorneys’ fees and costs.
7. RISK ALLOCATION
7.1 Mutual Indemnification
Subject to the Liability Cap in Section 7.2, each Party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party and his or her Affiliates from and against any losses, claims, damages, or expenses arising out of or resulting from the Indemnifying Party’s breach of this Agreement.
7.2 Liability Cap
The aggregate liability of an Indemnifying Party under Section 7.1 shall not exceed [CAP DOLLAR AMOUNT] or, if greater, the total value of that Party’s Marital Property interest determined at the time of judgment.
7.3 Force Majeure
No Party shall be liable for non-performance caused by events beyond reasonable control, provided that the affected Party gives prompt notice and resumes performance when feasible.
8. DISPUTE RESOLUTION
8.1 Governing Law
This Agreement and any dispute hereunder shall be governed by the laws of the State of Rhode Island, without regard to conflict-of-laws rules.
8.2 Forum Selection
Subject to Section 8.3, the Parties submit to exclusive jurisdiction in the Rhode Island Family Court sitting in [COUNTY], and waive any objection to venue.
8.3 Limited Arbitration Availability
(a) Scope. By mutual written agreement after a dispute arises, the Parties may submit property-division or monetary claims (other than child-related issues) to binding arbitration under the Rhode Island Arbitration Act.
(b) Preservation of Court Authority. Matters concerning child custody, parenting time, or child support are non-arbitrable.
8.4 Waiver of Jury Trial
The Parties acknowledge that Rhode Island Family Court proceedings are non-jury matters; accordingly, any right to trial by jury that might otherwise apply is knowingly waived.
8.5 Injunctive Relief
Notwithstanding Section 8.3, either Party may seek temporary, preliminary, or permanent injunctive relief in court to preserve the status quo or prevent irreparable harm.
9. GENERAL PROVISIONS
9.1 Amendments and Waivers
Any amendment or waiver must be in writing, signed by both Parties, and shall be enforceable under the Act.
9.2 Assignment
No Party may assign or delegate rights or duties under this Agreement without the prior written consent of the other, except by operation of law upon death.
9.3 Successors and Assigns
Subject to Section 9.2, this Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, and permitted assigns.
9.4 Severability
If any provision is held invalid, the remaining provisions shall remain in full force, and the court shall reform the offending provision to effectuate the Parties’ intent to the maximum lawful extent.
9.5 Integration
This Agreement, including all Exhibits and Schedules, constitutes the entire understanding of the Parties and supersedes all prior negotiations or agreements concerning the subject matter.
9.6 Counterparts; Electronic Signatures
This Agreement may be executed in any number of counterparts, each of which shall be deemed an original. Signatures transmitted electronically (e.g., PDF, DocuSign) shall be deemed original signatures.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date, intending to be legally bound upon their solemnization of marriage.
| [PARTY A NAME] | _____ |
| Date: ___ | |
| [PARTY B NAME] | _____ |
| Date: ___ |
STATE OF RHODE ISLAND
COUNTY OF [______]
On this _ day of _, 20__, before me, the undersigned notary public, personally appeared [PARTY A NAME] and [PARTY B NAME], known to me or satisfactorily proven to be the persons whose names are subscribed to the foregoing instrument, and acknowledged that they executed the same for the purposes therein contained.
Notary Public
My Commission Expires: ______
[// GUIDANCE: Rhode Island does not require witnesses for prenuptial agreements, but notarization is strongly recommended to evidence voluntariness.]
11. EXHIBITS & SCHEDULES
• Schedule A – Party A Disclosure Documents (Assets, Liabilities, Income)
• Schedule B – Party B Disclosure Documents (Assets, Liabilities, Income)
• Exhibit 1 – Form of Amendment (Optional)
[// GUIDANCE: Attach detailed balance sheets, tax returns, and any supporting documentation to satisfy “full and fair disclosure” under § 15-17-6(a)(2).]
Prepared for professional legal review. Revise bracketed items and confirm compliance with current Rhode Island law before execution.