Delaware Prenuptial Agreement

What is a Prenuptial Agreement?

A Prenuptial Agreement (often called a prenup) is a contract two people sign before marriage that sets out how assets, debts, and income will be handled during the marriage and divided if it ends in divorce or death.

Rather than leaving those questions to state default rules, a prenup lets you and your future spouse decide together, in writing, while things are calm and cooperative.

When do you need one?

Prenups are not just for the wealthy. Consider one if any of these apply to you or your future spouse:

• One of you owns a business, real estate, or significant savings
• Either of you has children from a previous relationship to protect
• One partner carries substantial student loans or other debt
• You expect a large inheritance or family gifts
• One of you plans to pause a career to raise children
• You simply want clear financial expectations before marrying

What to include

A complete Prenuptial Agreement leaves no doubt about what belongs to whom. Make sure yours covers:

• Full names of both parties and the planned wedding date
• A full inventory of each person's assets, debts, and income
• Which property stays separate and which becomes marital
• How property acquired during the marriage will be divided
• Whether either party waives or limits spousal support
• What happens to the family home and retirement accounts
• Signatures, with notarization or witnesses where required

What makes a prenup enforceable

Courts do not enforce every prenup. To hold up, an agreement generally needs to be in writing, signed voluntarily by both parties, and based on full and fair disclosure of each person's finances.

• Sign well before the wedding, not on the courthouse steps
• Disclose all assets, debts, and income honestly
• Keep the terms fair, not heavily one-sided
• Give each party a real chance to review it, ideally with their own lawyer
• Never include child custody or child support terms, courts decide those

State rules and signing requirements

Requirements vary by state. Most states follow the Uniform Premarital Agreement Act, but they differ on notarization, witness requirements, disclosure standards, and whether spousal support can be waived.

Tell us where you live and we tailor the document to that state's requirements, so you are not left guessing which version you need.

Common mistakes to avoid

• Waiting until days before the wedding to sign
• Hiding or undervaluing assets and debts
• Making the agreement so one-sided a court could reject it
• Including child custody or child support provisions
• Skipping notarization or witnesses required in your state
• Never updating the agreement as your finances change