What is a postnuptial agreement?

A postnuptial agreement is a legally binding document that couples can sign after getting married. This type of agreement sets out the financial and legal rights and responsibilities of each spouse in the event of a separation or divorce. In Rhode Island, postnuptial agreements must be signed by both parties and are enforceable under family law. They are typically used when couples decide to update their previous prenuptial agreement or when one or both partners change their financial circumstances or wishes regarding the distribution of assets in the event of a separation. Postnuptial agreements go into detail about how assets, debts, inheritances, and other matters will be handled in the event of a divorce. Each partner can also include provisions regarding alimony, child custody, and other matters in the agreement. These agreements must follow certain legal requirements, such as written consent from both parties and full disclosure of assets and debts. Furthermore, the agreement must be fair and equitable to both spouses. In Rhode Island, the courts may only set aside a postnuptial agreement if either partner can prove that it was not executed in good faith.

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