What is a prenuptial agreement?
A prenuptial agreement is a contract signed before marriage that sets out how property and support would be handled if the marriage ends by divorce or death. A postnuptial agreement does the same thing after the couple is already married.
These agreements are often used to protect a business, family assets, or children from a prior relationship, and to bring clarity that benefits both partners.
What can the agreement cover?
A premarital agreement can address many financial questions, such as:
- How property and debts are treated as separate or marital
- What happens to specific assets or a business
- Whether and how spousal support would apply
What makes the agreement enforceable in Delaware?
To hold up, the agreement generally must be in writing, signed voluntarily, and based on fair and full financial disclosure, and it must not be unconscionable. Having each partner advised by their own attorney strengthens the agreement.
How Suzanne helps
Suzanne drafts clear agreements and reviews proposed ones so you understand exactly what you are signing. Call 302.661.0400 to talk.
Common questions
Can a prenuptial agreement be thrown out?
Yes. A court may set aside an agreement that was signed under pressure, without fair financial disclosure, or that is grossly unfair.
Do both partners need their own lawyer?
It is not always required, but independent legal advice for each partner helps show the agreement was entered fairly and makes it more likely to be enforced.