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.

Rhode Island General Law 15-17-6 and established Rhode Island Supreme Court decisions create a heavy burden on a person seeking to invalidate a Prenuptial Agreement in Rhode Island.

R.I.G.L Section 15-17-6 states:

The intent of the statute is to "preserve the validity of such agreements". In order to invalidate a Premarital Agreement a person must prove every element of the statute by clear and convincing evidence.

The bottom line is the Premarital Agreements are extremely difficult to invalidate in Rhode Island. There is one potential trap that exists. If the parties change residency and get divorced in a different state, the other state might be hesitant to enforce Rhode Island Law. I always insert a paragraph in my Prenuptial Agreements that Rhode Island Law will govern the interpretation and enforceability of the Agreement. However, there is no 100 percent assurance that a judge of a different state will follow Rhode Island Law.

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