Written by Sophia Caprio - Caprio Law

Updated on: September 2, 2026

When two people decide to get married, they will most likely spend a significant amount of time discussing where they will live, whether they want children, and the type of future they hope to build together. Unfortunately, many couples avoid having a detailed conversation about their finances, even though money is one of the most important issues that can affect a marriage. Though asking your future spouse to sign a prenuptial agreement may initially feel uncomfortable, doing so does not mean that you believe your marriage is destined to fail. Instead, a prenuptial agreement can help give you both a clear understanding of your rights, obligations, and financial expectations before you officially begin your lives as a married couple. Continue reading and reach out to a Providence family lawyer from Caprio Law to learn more about how these agreements work. Here are some of the questions you may have:

What Is a Prenuptial Agreement and What Can It Cover?

A prenuptial agreement, commonly referred to as a “prenup,” is a contract entered into by two people who are planning to marry. In Rhode Island, the agreement must be put in writing and signed by both parties. Because a prenup is a legal contract, the language used in the agreement matters. A carefully drafted agreement can help avoid confusion later, while unclear or incomplete language can create disputes if the agreement is ever challenged.

Depending on the couple’s circumstances, a prenuptial agreement may address several financial matters, including the following:

  • Separate property: A prenup can identify the assets that each spouse will continue to own individually in the event of a divorce or the death of a spouse.
  • Marital property: The agreement may determine how property acquired during the marriage will be owned, managed, or divided upon divorce or death.
  • Outstanding debts: Each person can establish responsibility for debts brought into the marriage and certain obligations acquired afterward.
  • Business interests: A business owner may use an agreement to protect a professional practice, partnership interest, family company, or other commercial asset.
  • Spousal support: The parties may agree to modify or waive certain alimony rights.
  • Estate-related matters: A prenup may address wills, trusts, inheritance rights, life insurance benefits, and the distribution of property after either spouse’s death.

Importantly, parents cannot use a prenuptial agreement to take away or negatively affect a child’s right to financial support. It also cannot predetermine future custody or parenting-time issues, as those decisions remain within the jurisdiction of the Family Court and must be based on the child’s best interests at the time they are addressed.

Who Should Consider Getting a Prenuptial Agreement?

Many people assume that prenuptial agreements are only necessary when one spouse is extremely wealthy. This is not necessarily true, as most couples may also benefit from deciding how their property and debts will be handled. A prenup can be useful whenever either person wants clarity, protection, or a shared understanding of financial expectations before marriage. You may want to consider creating a prenup if:

  • You own a home, business, investment account, or other valuable property.
  • You have one or multiple retirement accounts.
  • You expect to receive a substantial inheritance or family gift.
  • You have children from a previous marriage or relationship.
  • You or your future spouse are entering the marriage with considerable debt or have student loans.
  • You have been married before.
  • You intend to leave your career to raise children or support your spouse professionally.
  • You want to protect property that has been owned by your family for generations.

How Can You Help Ensure a Prenuptial Agreement Is Enforceable?

For a prenuptial agreement to serve its intended purpose, it must be prepared properly. In many cases, this means beginning the process well in advance of the wedding, as presenting an agreement shortly before the ceremony may lead to questions about whether one party was pressured into signing it.

Rhode Island courts may refuse to enforce a premarital agreement under certain circumstances involving involuntary execution, unconscionable terms, or insufficient financial disclosure. Under Rhode Island law, the party challenging enforcement generally has the burden of proving the agreement should not be enforced, and issues such as voluntariness, fairness at the time of signing, and financial disclosure can become very important. Our office helps clients prepare prenuptial agreements carefully to satisfy important safeguards and reduce the risk of future challenges.

Each party should also have enough time to review the proposed terms and should have the opportunity to consult a separate attorney. Although Rhode Island law does not necessarily require each party to have separate counsel for a prenup to be enforceable, our office always recommends that both parties are represented by counsel.

Some practical steps that may help protect the enforceability of a prenuptial agreement include:

  • Starting the process well before the wedding date.
  • Providing full and accurate financial disclosure.
  • Avoiding pressure, threats, or last-minute demands.
  • Using clear, specific language that reflects both parties’ intentions.
  • Giving each person enough time to review the agreement and ask questions.
  • Having each party consult with their own attorney

Ultimately, a prenuptial agreement is not just about planning for divorce. It is also about having an honest financial conversation before marriage and creating a clear framework that can protect both spouses. If you are preparing to marry and believe an agreement may be right for you, we are here to help. Contact Caprio Law for an initial consultation today.