Updated May 17, 2023
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A Delaware prenuptial agreement, also called a premarital agreement, is a document signed by prospective spouses to outline the division of assets in case of divorce. The agreement goes into effect upon marriage and can be revoked or amended only upon written confirmation by both parties. A prenup won’t be considered enforceable if the individual against whom the agreement is being enforced can prove that they signed against their will, if they were not given access to the complete records of the other party’s financial records, or if they were not given access to independent counsel upon the signing.
Signing Requirements (§ 322 Formalities) – Both parties are required to sign. Notary acknowledgment is recommended.
Laws
- § 321 – Definitions.
- § 322 – Formalities.
- § 323 – Content.
- § 324 – Effect of marriage.
- § 325 – Amendment or revocation.
- § 326 – Enforcement.
- § 327 – Enforcement; void marriage.
- § 328 – Limitation of actions.