Signing Requirements
The spouses must have their signatures “properly witnessed.”[1]
Laws
Child Support: A postnuptial agreement cannot be written to adversely affect a spouse’s ability to collect child support.[2]
Content: A postnuptial agreement may include terms covering the following:[3]
- Rights to Property – Rights, obligations, and the disposition of property;
- Spousal Support – Otherwise known as alimony, the modification or termination of such support.
- Will or Trust – The making of estate language to carry out provisions in the agreement.
- Life Insurance Policy – The ownership rights and disposition.
- Choice of Law – If the couple resides in Rhode Island, they may choose to have the governing law by another state.
- Public Policy – Any decision that is made between the couple that is not against public policy.
Financial Disclosure: The parties are required to give financial disclosures to each other unless voluntarily and expressly waived.[4]
Unenforceable: A postnuptial agreement may only be unenforceable if:[1][4]
- Unconscionable – If the agreement was unconscionable.
- Disclosure – If either party was not provided a fair and reasonable disclosure of another’s financial assets and obligations.
- Involuntariness – If for example the agreement is presented to a spouse in the days before the wedding date.
- Lack of Fairness – If a court deems the agreement to be one-sided.