Delaware Premarital Agreement Law

Marriage – Premarital Agreements – Delaware

Delaware Code

Definitions:
As used in this subchapter:
(1) “Premarital agreement” shall mean an agreement between prospective spouses made in contemplation of marriage, and which is effective upon marriage.
(2) “Property” shall mean an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings. (70 Del. Laws, c. 462, § 2.)13 Del. C. § 321.
Formalities:
A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration. (70 Del. Laws, c. 462, § 2.) 13 Del. C. § 322.

Effect of marriage:
A premarital agreement becomes effective upon marriage. (70 Del. Laws, c. 462, § 2.)13 Del. C. § 324.

Amendment or revocation:
After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. Such amended agreement or revocation is enforceable without consideration. (70 Del. Laws, c. 462, § 2.)13 Del. C. § 325.

Enforcement; void marriage:
If a new marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result. (70 Del. Laws, c. 462, § 2.)13 Del. C. § 327.

Limitation of actions:
Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the time that the parties to the agreement are married. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party. (70 Del. Laws, c. 462, § 2.)13 Del. C. § 328.

Advantages of premarital agreements for both parties:

Avoiding Litigation Costs
Protecting against Fears of Family Members
Protecting Family Assets
Protecting Business Assets
Protection Against Creditors
Child Custody and Support Guidlines
Predetermined Disposition of Property

Disclaimer: This law summary is not legal advice. If you are not an attorney, you should consult an attorney about serious legal matters.


Inside Delaware Premarital Agreement Law