Delaware Prenuptial Agreement Form

People only foresee good things like the upcoming honeymoon, happy and long life in each other’s company when getting married. But before starting this life, it would be wise to think about the formalities and all the agreements you should hold. The less misunderstanding between the future spouses, the better, and the Delaware Prenuptial Agreement Form can help you achieve that.

The prenuptial (or premarital) agreement is not a mandatory document. Still, its presence can remove the understatement in a relationship and regulate the property decisions both during marriage and after a divorce. Read more about the prenuptial agreement form here.

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The prenuptial agreement is no longer something rare. Modern couples are increasingly talking about it and signing it. After all, this agreement is created for a comfortable and safe life for both spouses. It is especially recommended when there are children from previous relationships or separate property items to protect.

There are several rules for drawing up a prenup agreement if you want the court to recognize the document as legal. One of the primary rules is the voluntary decision of both signatories to sign the agreement without coercion. We highly recommend using our form-building software tools to create a quality document that will be legal in Delaware.

Delaware Prenup Laws and Requirements

The laws governing the process of drafting and operating a prenuptial agreement differ from state to state. In Delaware, this agreement is governed by the Delaware Law (Subchapter II, Chapter 3, Title 13).

Signing Requirements

According to Section 322 of the designated Title, the agreement should be in writing and signed by both parties. If you want to make changes or cancel the agreement over time, you can only do it with a written confirmation from both parties.

All signatures must be put on the parties’ own free will without coercion from any side.

Enforceability

The State of Delaware has adopted the Uniform Prenuptial Agreement Act, governing the enforceability of such covenants.

According to this Act, an agreement must meet these requirements to be accepted:

  • The agreement comes into force only after the marriage commencement.
  • The agreement must be signed voluntarily without moral or physical coercion.
  • It is drawn up in the interests of both spouses.
  • Each of the parties had the opportunity to obtain independent consultation.
  • Both spouses have disclosed their financial information to each other, including debts and assets, or a written refusal from either party to learn the other’s financial information.

All disputed cases are considered by the court separately. It is worth mentioning that if one of the parties refuses to marry, this is not a threat if this agreement is not signed.

For a court to find the agreement unconscionable, unique events must occur. For example, if after paying the spouse’s support or share, the other party remains below the edge of poverty, and the state has to pay additional benefits.

Court Refusal

The court will refuse to take your agreement into account if it is proved that:

  • The agreement suits the interests of only one party.
  • Financial information was provided incorrectly.
  • Violence or coercion was used to sign the agreement.

However, all these cases still need to be proved to the court. In turn, the court will have to recognize the situation as flagrant and dishonest and make a final decision. Otherwise, the court accepts the agreement.

What Prenups Can Cover

You can specify almost everything in your prenup agreement. Nonetheless, your covenants should not contradict the law or involve children, their alimony, custody, and other related decisions.

Here are some examples of what the agreement might cover:

  • Spousal alimony
  • Separation of private and shared property
  • Property rights, such as the right to sell or rent
  • Division of property in case of divorce
  • Property rights in the event of the death of one of the spouses
  • The need for a will to apply the provisions in the agreement
  • And other common solutions of the couple.

Compile the agreement carefully and honestly, and neither the courts nor your future spouse will have any questions.

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Other Delaware Forms

Various other major Delaware templates readily available for download here and that can be modified in our hassle-free document constructor.

Published: Feb 23, 2021