Everything engaged couples need to know about making a prenuptial agreement valid and enforceable in Delaware — in plain English, reviewed by attorney James Sexton, Esq.
Yes — prenuptial agreements are legal and enforceable in Delaware under the state's Uniform Premarital Agreement Act.
Delaware adopted the Uniform Premarital Agreement Act in 1996, codified at 13 Del. C. §§ 321–328. The agreement must be in writing and signed by both parties, and it is enforceable without consideration — the marriage itself makes it effective (13 Del. C. § 324). Delaware is famously contract-friendly, and its Family Court applies the UPAA the way the drafters intended: a properly executed prenup is presumed to stand, and 13 Del. C. § 326 gives the person attacking it a deliberately narrow set of arguments.
A Delaware prenup is enforceable unless the challenging spouse proves it was signed involuntarily, or that it was unconscionable and signed without fair financial disclosure — the two exclusive grounds under 13 Del. C. § 326.
The agreement must be a written document signed by both parties before the marriage. Oral prenups are not enforceable in Delaware, and no consideration is required.
Both parties must sign free of duress or coercion. Signing well before the wedding is the simplest way to defeat a later claim of last-minute pressure.
Under § 326, an unconscionable agreement fails only if the challenger also wasn't given fair disclosure of the other party's property and debts, didn't waive disclosure in writing, and couldn't reasonably have known the finances. Full disclosure closes that door entirely.
Unconscionability is measured at execution, and it's decided by the judge as a matter of law. A lopsided-but-informed deal is generally enforceable; a deal that shocks the conscience is not.
| Governing statute | Uniform Premarital Agreement Act — 13 Del. C. §§ 321–328 |
|---|---|
| Property division | Equitable distribution |
| Notarization | Recommended (not required by statute) |
| Waiting period | None required — but sign well before the wedding |
| Spousal support | Can be limited or waived, unless the waiver would force public assistance |
See how Delaware's signing formalities compare in our prenup notarization requirements by state guide.
Delaware Family Court sets aside a prenup only if the challenger proves it was signed involuntarily, or that it was unconscionable when signed and made without fair financial disclosure.
13 Del. C. § 326 puts the burden squarely on the spouse attacking the agreement, and it makes the unconscionability argument conjunctive: the deal must have been unconscionable AND signed without disclosure, without a written waiver of disclosure, and without adequate knowledge of the other's finances. In practice, a Delaware prenup with honest disclosure schedules, signed weeks before the wedding, is very hard to unwind. The court can also refuse to enforce a spousal-support waiver to the extent it would make a spouse eligible for public assistance at separation or divorce.
Trusted Prenup creates a state-specific Delaware prenuptial agreement online — built to meet the requirements above and designed by James Sexton, Esq. A traditional attorney typically costs $2,500–$10,000; this is a flat $599.
A guided questionnaire captures your assets, debts, and wishes — most couples finish in under 90 minutes.
We assemble a complete prenup built to meet your state's exact legal requirements.
Review with your partner, then sign online with notarization handled for you.
A Delaware attorney-drafted prenup typically runs $2,000–$7,500+. Trusted Prenup creates a state-specific Delaware prenup online for a flat $599, with optional notarization and attorney-review add-ons.
No — Delaware's UPAA only requires a written agreement signed by both parties. Notarization is still recommended to prove the signatures are authentic, and it's available as an add-on.
Yes, but only on two grounds under 13 Del. C. § 326: the challenger signed involuntarily, or the agreement was unconscionable and signed without fair financial disclosure. Full disclosure and an unrushed signing defeat both arguments.
Yes. Delaware's UPAA expressly allows couples to modify or eliminate spousal support. The one limit: if the waiver would make a spouse eligible for public assistance at separation or divorce, a court can order just enough support to avoid that.
No. Delaware uses equitable distribution under 13 Del. C. § 1513, meaning the Family Court divides marital property by what it finds fair — which may not be 50/50. A prenup replaces that judicial discretion with your own rules.
No, independent counsel isn't required by Delaware law, though it strengthens the voluntariness of the agreement. Trusted Prenup offers an optional attorney-review add-on if you want that extra layer.
Yes — Delaware enforces properly executed prenuptial agreements regardless of how they were drafted. What matters is execution: a written agreement, voluntary signatures, full financial disclosure, and Delaware's signing formalities. The full picture is in are online prenups legally binding.
Trusted Prenup is not a law firm and does not provide legal advice. This guide is general information about Delaware law and not a substitute for advice from a licensed attorney about your situation.