Prenuptial Agreements

Premarital agreements are designed to protect your financial interests in the event of a divorce from the marriage that you are about to enter. They are commonly used in second marriages or first marriages when one or both parties have children from a prior relationship. They can be an emotionally charged issue, especially if left until the last minute, so it's best to cover this topic well in advance of a wedding date.

When a party has a child from a previous relationship, they often want to ensure that the child inherits earned assets rather than those assets going to a new spouse or the new spouse's children. It is financially and legally wise to have legal documentation in place to ensure that your pre-marital assets are directed as you intend in the event of an untimely death or a divorce. Most parents want to ensure their children from a previous relationship receive what they feel is their fair share of these assets.

"Clarity and full disclosure of assets and liabilities are critical to a good prenuptial agreement, as this document could be reviewed in a courtroom."

It's not required in Rhode Island to have separate attorneys review a prenuptial agreement, although it's never a bad idea. The agreement is still valid if one party has an attorney draft the document. The document must be signed and witnessed by a notary. If the parties have attorneys, each attorney should sign a paragraph attesting to their counsel.

Given that this can be a sensitive conversation in advance of a planned life together, think carefully about the things that matter most to you and how you would want those assets managed either at your death or the end of your marriage. In many cases, the major items to address are the large assets, not who gets the couch and coffee table.

Our legal team at Ron Bonin Law is experienced in creating prenuptial and cohabitation agreements that are enforceable after a death or divorce. At the same time, we understand the sensitivity required, as this involves the person you plan to spend the rest of your life with. Circumstances change, and we make sure your interests are protected if and when they do.