A pre-nuptial agreement (also known as a prenup) is a signed legal contract between two spouses that defines or limits statutory rights arising from their marital relationship. These rights often include, but are not limited to, claims to marital property, waivers or limitations on future spousal support or alimony, and the waiver or limitation of inheritance rights.
Before signing a pre-nuptial agreement, each spouse should fully understand the family law protections and obligations that exist without such an agreement. Often, one party may be giving up rights they would otherwise have under divorce laws in their state. A comprehensive understanding of one’s income, assets, debts, and future financial needs is essential in the divorce planning process.
Ideally, pre-nuptial agreements should be negotiated and signed well in advance of the wedding date. While there is no strict legal deadline, signing a prenup shortly before the ceremony can raise enforceability concerns. Courts may set aside a pre-nuptial agreement if it was not entered into voluntarily. Executing a marital agreement on the eve of a wedding, especially when wedding expenses have already been incurred, gives one party an opportunity to later argue that the agreement was signed under pressure or duress.
In many cases, pre-nuptial agreements include a schedule of each party’s assets and debts at the time of marriage. Making a full and accurate financial disclosure is crucial—failure to do so can render the agreement invalid in the future.
If you’re considering a pre-nuptial agreement or have questions about your legal options, our family law attorneys can help. Contact our office at 302-654-4454 to schedule a consultation.
Author Patrick J. Boyer concentrates his practice on family law. He advocates in various areas including, but not limited to, divorce, property division, alimony, child custody and visitation, child support, and domestic violence. In addition, Patrick assists his clients with issues involving guardianship and third-party visitation. He is licensed in Delaware and Pennsylvania and works out of the firm’s Centreville, Delaware office.
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