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Create your prenuptial agreementWhat Prenuptial Agreement needs to be valid in Delaware
- Meets your state's basic validity rules
- Signed correctly
- Properly witnessed or notarized as required
How to set up a Prenuptial Agreement in Delaware
- Review your state's requirements
- Gather the needed details
- Draft the document carefully
- Sign and witness/notarize
How much it costs
Costs vary; a lawyer can be expensive, while a good template is far more affordable.
Delaware Prenup: Before You Begin Checklist
Gather essential documents and understand Delaware's legal requirements to streamline creating your prenuptial agreement.
- Disclose all assets, debts, and income in writing—omissions can invalidate the agreement.
- Exchange financial documents, including tax returns, bank statements, property deeds, and retirement account statements.
- Hire separate attorneys—Delaware requires each party to have independent legal representation (or knowingly waive the right in writing).
- Complete the agreement before the wedding, and sign it at least a few weeks in advance to avoid duress claims.
- Sign in the presence of a notary public—notarization strengthens enforceability, though Delaware does not require witnesses.
- Consider including provisions for alimony, property division, and inheritance rights, but note that child support and child custody cannot be predetermined.
Questions people ask
Is a lawyer required?
No, but state rules must be followed.