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Delaware Postnuptial Agreement

A Delaware postnuptial agreement is a legal document created by a married couple that determines what will happen to their property if the marriage ends in divorce or death. Unlike prenups, couples enter into postnuptial agreements after they've married.
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Signing Requirements

Both spouses must sign separation agreements freely and with adequate knowledge of the couple’s finances.[1]

Laws

Interpretation: Postnuptial agreements should be interpreted under the general law of contract and bound by their agreements.[2]

Burden: Where a separation agreement results in one party in the marital relationship profiting at the other party’s expense, the responsibility is on the profiting party to prove that the separation agreement is fair.[1]