Getting married in Delaware? A prenuptial agreement lets you set clear expectations about property, debt, and (where allowed) support—so you’re not relying only on default state rules. In short: 13 Del. C. § 326 contains the enforceability test described above. Delaware case law generally reinforces the statute. For example, in Marro v. Marro (Del. Fam. Ct.
Key points
- Prenups are recognized if they’re voluntary, in writing, and signed by both partners.
- Under 13 Del. Code § 326, a premarital agreement is unenforceable if the party against whom enforcement is sought proves that (1) they did not execute the agree…
- Delaware has enacted the Uniform Premarital Agreement Act (12 Del. Code § 3336, and 13 Del. Code §§ 321–328).
Are prenups legal in Delaware?
Delaware has enacted the Uniform Premarital Agreement Act (12 Del. Code § 3336, and 13 Del. Code §§ 321–328). A Delaware prenup must be in writing and signed by both parties. There is no requirement for witnesses or notarization in the statute, but as always notarization is recommended. Consideration (value exchanged) is not required other than the marriage itself.
What makes a Delaware prenup enforceable?
Under 13 Del. Code § 326, a premarital agreement is unenforceable if the party against whom enforcement is sought proves that (1) they did not execute the agreement voluntarily, or (2) the agreement was unconscionable when executed and they were not provided fair and reasonable disclosure of the other party’s finances (and did not waive that disclosure in writing). This mirrors the UPAA approach.
What you can—and can’t—include
A Delaware prenup can govern property rights (present and future), spousal support, inheritance rights, and any other personal rights and obligations that do not violate public policy or criminal law (13 Del. C. § 323). One common inclusion is a waiver of each spouse’s right to an elective share of the other’s estate – Delaware permits this in a prenup.
Simple process
Best practices in Delaware include starting the prenup process early (months before the wedding) to avoid any inference of coercion. Each party should prepare a balance sheet of their assets, debts, and income to exchange – and acknowledge in the agreement that this disclosure was provided.
Next steps
General information only, not legal advice. Laws and cases change—consider speaking with a local attorney about your situation.
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