(a)  A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:

(1)  That party did not execute the agreement voluntarily; and

(2)  The agreement was unconscionable when it was executed and, before execution of the agreement, that party:

(i)  Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;

(ii)  Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and

(iii)  Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.

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Terms Used In Rhode Island General Laws 15-17-6

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
  • Premarital agreement: means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. See Rhode Island General Laws 15-17-1
  • Property: means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings. See Rhode Island General Laws 15-17-1

(b)  The burden of proof as to each of the elements required in order to have a premarital agreement held to be unenforceable shall be on the party seeking to have the agreement declared unenforceable and must be proven by clear and convincing evidence.

(c)  If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility.

(d)  An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.

History of Section.
P.L. 1987, ch. 449, § 1.