Getting married in Rhode Island has a unique charm. From the historic mansions in Newport to the coastal views of Narragansett, it’s easy to fall in love with both your partner and the place. Amidst the flurry of wedding planning from booking venues to writing vows, there’s one conversation topic that is equally important: a prenuptial agreement. Prenups aren’t just for celebrities or the ultra-wealthy. They’ve become a smart and increasingly common legal tool for couples who want to begin their marriage with transparency, clear expectations, and peace of mind. Do I need to hire an attorney for a valid and enforceable prenup in Rhode Island? And, what are the requirements for a prenup in Rhode Island? Keep reading to find the answers to your questions and to learn more about prenuptial agreements.
Do I need a lawyer for a prenup in Rhode Island?
Rhode Island does not explicitly require each party to have an attorney for a prenuptial agreement to be valid. However, legal representation is strongly advised. In practice, this is often necessary to ensure the agreement will hold up in court. Rhode Island follows the Uniform Premarital Agreement Act (UPAA), which means prenups must be entered into voluntarily, with full financial disclosure and without coercion or unfair surprise. If one party lacks independent legal counsel, especially in cases involving unequal bargaining power or complex assets, the agreement could later be challenged as unconscionable or procedurally unfair. Having a lawyer helps ensure each party understands their rights and that the agreement is enforceable, not just signed.
Can we share a lawyer?
This is one of the most common questions engaged couples ask. And it’s not surprising considering they’re spending money on their upcoming nuptials. They would naturally want to find areas to save money. Legally, in Rhode Island, as in most states, a couple is not prohibited from having just one lawyer draft a prenup. A lawyer owes a duty of loyalty and confidentiality to their client. If that lawyer represents both parties, there’s an inherent conflict of interest. What benefits one partner in a prenup may disadvantage the other.
Because of this, most family law attorneys will insist on representing only one party. The other party is then encouraged, but not necessarily required, to get independent legal advice. While you can technically move forward without each person having a separate attorney, doing so increases the risk that the agreement will be challenged and possibly invalidated later. For example, if a judge believes one party didn’t understand what they were signing or wasn’t given a fair opportunity to review it with counsel, the court could find the prenup unconscionable or procedurally unfair.
Do we both need a lawyer, or can just one of us hire one?
In Rhode Island, the Uniform Premarital Agreement Act (UPAA) governs prenuptial agreements. While it does not require that both parties have lawyers, as stated above, it does emphasize that both parties needed to have entered the prenup voluntarily. Having independent counsel on both sides strengthens the enforceability of a prenup by helping establish that both parties understood the terms and entered the agreement willingly. If only one of you hires an attorney, it’s still possible for the prenup to be valid. But courts are more likely to scrutinize whether the other person truly had an opportunity to seek legal advice and whether they knowingly waived that right. Timing, communication, and fairness become critical. Presenting a prenup for signature the night before the wedding, for instance, can raise red flags, especially if one party didn’t have their own lawyer. The bottom line is that if you want your prenup to be enforceable and hold up under scrutiny, the safest route is for each of you to have your own lawyer.
What are the requirements for a valid prenup in Rhode Island?
Certain foundational elements must be present for a prenuptial agreement to be valid and enforceable under the UPAA. First, the agreement must be in writing and signed by both parties. Verbal prenups don’t count. Second, the agreement must be voluntary. This means that both parties must enter into it without coercion, pressure, or manipulation. Third, there must be a fair and reasonable disclosure of each party’s financial situation before the agreement is signed. This includes income, assets, debts, and other financial obligations.
Prenups in Rhode Island can cover a wide range of financial topics, including property rights, asset distribution in the event of divorce or death, alimony, debt responsibility, and even the management of business interests. Regarding alimony, courts can still reject provisions that create extreme hardship. Certain topics are off-limits. A prenup cannot dictate child custody or child support, as these matters are governed by the best interests of the child at the time of separation or divorce. Judges in Rhode Island will generally enforce a prenup as long as it meets the above requirements and isn’t “unconscionable.” Prenups that are found to be unconscionable are shockingly one-sided or were entered into under unfair circumstances.
Can I write my own prenup?
Technically? Yes. Practically? You probably shouldn’t. There are plenty of downloadable templates and DIY tools online, and while the idea of saving money upfront might seem appealing, it often leads to costly problems later. Prenuptial agreements must meet a specific set of legal requirements to be enforceable, and any oversight, whether it’s unclear wording, missing disclosures, or procedural missteps, can render the agreement invalid. Couples who draft their own prenups without legal support often unintentionally create agreements that don’t comply with Rhode Island’s laws. Worse, these agreements may create a false sense of security. You think you’re protected only to find out in divorce court that the document you relied on doesn’t hold water.
An experienced attorney can help you avoid those pitfalls. They can make sure your agreement is not only clear and comprehensive but also legally enforceable under Rhode Island law. And because they’re familiar with local court expectations, they can advise you on how to structure the agreement in a way that reflects both your intentions and the legal realities. In summary, you can write your own prenup, but unless you’re a licensed Rhode Island family law attorney with plenty of experience drafting these agreements, it’s a risky move.
Where do I find a prenup lawyer in Rhode Island?
There are many ways to find qualified prenup attorneys in Rhode Island, but it’s worth seeking out someone with specific experience in family law and marital agreements. Look for attorneys who regularly handle prenuptial and postnuptial contracts, not just general practitioners. First, ask friends and family for a trusted lawyer referral. Another place to look is the Rhode Island Bar Association’s lawyer referral service. Online legal directories like Avvo and Martindale-Hubbell also provide reviews, credentials, and areas of specialization.
If you’re using a modern platform like HelloPrenup, you will also have access to attorney referrals through the service itself. HelloPrenup is a hybrid model that combines the convenience of digital intake with the expertise of an experienced prenup attorney licensed in Rhode Island. And, their legal service is offered at a fraction of the price of traditional lawyers. When choosing an attorney, it’s important to find someone who listens to your concerns, explains things clearly, and respects your goals. A good prenup isn’t about winning or losing. It’s about creating a fair and balanced agreement that serves both partners. The right attorney will help you get there.
Final thoughts on whether a lawyer is necessary for a prenup in Rhode Island
While Rhode Island doesn’t legally require that both parties be represented by lawyers in a prenuptial agreement, doing so is almost always a good idea. A well-crafted prenup is a thoughtful way to protect each partner’s financial interests while building a foundation of transparency and trust. Whether you have substantial assets, a business, or simply want to start your marriage with clarity, involving a lawyer ensures your agreement is built to last. So if a prenup is on your wedding to-do list, make sure it’s done right.
I am an attorney who has been practicing transactional law for 19 years. I have been engaged in commercial, business, employment and family law transactional agreements.
I enjoy working with couples who are looking to use prenuptial and postnuptial agreements to protect each other.
I am licensed to practice in Massachusetts, Rhode Island and Louisiana.
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