What is antenuptial/prenuptial agreement?

An antenuptial or prenuptial agreement is a contract created between two people prior to entering into a marriage. This agreement sets forth the rights and responsibilities of the two parties in the event of a divorce or death of one of the parties. In Rhode Island, an antenuptial agreement is referred to as a “Reciprocal Agreement”, or an “Agreement in Writing”. An antenuptial agreement can be used to protect the assets of both parties and to determine how assets will be divided in the event of a divorce. This can include how property will be divided, who will maintain certain assets, and who will pay any debts that arise over the course of the marriage. It can also include non-financial matters such as how decisions regarding raising children will be made, and how one spouse’s occupation might affect the other’s lifestyle. A prenuptial agreement must be in writing, must be signed by both parties before marriage and must be fair and reasonable. Since antenuptial agreements are often complex and involve delicate considerations, it is important for both parties to consult experienced attorneys before signing the agreement. In Rhode Island, antenuptial agreements are enforceable in court if both parties voluntarily enter into the contract and if it does not violate any public policy.

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