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Free Delaware Prenuptial Agreement Template

A Delaware prenup puts your property and alimony terms in writing before marriage. Fill in a few details and download a customizable template ready for both signatures.

  • Download as PDF and Word
  • E-sign included

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1

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2

Fill In Your Details

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3

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What Is a Prenuptial Agreement in Delaware?

A Delaware prenuptial agreement is a written agreement that prospective spouses make in contemplation of marriage. It takes effect on marriage, under Title 13, §§ 321 to 328 of the Delaware Code.

Delaware Requirements for a Prenuptial Agreement

The whole subchapter runs just eight short sections.

Signatures and Timing

Under § 322, the agreement must be in writing and signed by both partners, and it needs no consideration. Section 324 then makes it effective on marriage.

Changes After the Wedding

After you marry, § 325 allows an amendment or revocation only through a written agreement you both sign.

The Challenge Standard

Under § 326, the partner resisting the agreement carries the burden. They can defeat it by proving they signed involuntarily.

Otherwise, they must show two things together. First, the agreement was unconscionable at signing. Second, before signing, they had no fair disclosure, no written waiver of more, and no adequate knowledge of the other’s finances.

Claims Wait Out the Marriage

Section 328 pauses any statute of limitations on claims under the agreement while you’re married. Even so, laches and estoppel remain available to either partner.

Which Court Decides a Delaware Prenup Dispute?

The Family Court does. Under 13 Del. C. § 507(a), it has exclusive jurisdiction over agreements between future spouses, spouses, and former spouses.

That covers interpreting, reforming, enforcing, or rescinding terms about:

  • Support or alimony
  • Child support or medical support
  • Division of marital property and marital debts
  • Other matters tied to a marriage, separation, or divorce

In those cases, the court applies the statutory factors in Chapters 5, 6, and 15 of Title 13. So a Delaware prenuptial agreement ends up before a court that also hears support and divorce matters.

How to Sign a Delaware Prenuptial Agreement

  1. Share your finances first. Give each other a fair picture of property and financial obligations.
  2. Put every term in writing. Both partners sign the final version.
  3. Line it up with your license. Delaware requires a marriage license at least 24 hours before the ceremony, and the license is good for 30 days.
  4. Ask about timing if plans shift. With good cause, the Clerk of the Peace may shorten the 24-hour wait. The clerk may also extend the license up to 180 days.
  5. Store the original where you both can reach it. You’ll want it handy long after the wedding.

Marriage license rules can change, so confirm current requirements with your county’s Clerk of the Peace before you apply.

Tip

Sign the prenup before you pick up your license. That keeps the agreement from competing with the 30-day license clock. If your wedding date moves, you’ll still have a finished agreement ready.

What to Include in a Delaware Prenuptial Agreement

Section 323 gives a Delaware prenuptial agreement broad scope. Notably, its wording names alimony alongside spousal support, so you can address both by name.

A practical checklist:

  • Each partner’s current assets and debts
  • Which property stays separate and which becomes shared
  • Alimony and spousal support terms, or a waiver
  • Plans for property at divorce or death, including any will or trust
  • Life insurance and the governing-law clause

Leave child support alone, since § 323(b) bars terms that hurt a child’s right to it.