PrenupsAI

DE · evidence preparation

Delaware prenup checklist.

Use these prompts to collect the agreement, schedules, timeline, and outside records needed for an evidence-based first review.

Package de-2026-07-21.3 · checked 2026-07-21 · editorially verified.
15issues checked
9with state records
6visible gaps
2026-07-21effective-through label

State-specific manual editorial

Delaware's Premarital Agreement Act organizes formalities, permitted subjects, child-support protection, effectiveness, amendment, and enforcement within Title 13.

For a practical Delaware review, the signed writing, financial information exchanged, any waiver, and the negotiation record should be examined alongside the agreement's substantive terms.

190 authored words · 15 source-linked review modules below

Questions people actually ask

Delaware review, without pretending the facts are settled.

Each answer is tied to source IDs in the current state package. Open the citations and check for later authority before relying on a proposition.

What is Delaware's formation starting point?

Title 13, section 322 supplies Delaware's writing and signature requirements for a premarital agreement.

  • 13 Del. C. § 322 · A Delaware premarital agreement must be in writing and signed by both parties and is enforceable without consideration.

Does Delaware identify permitted contract subjects?

Section 323 identifies property and related subjects while preserving mandatory child-support protections.

  • 13 Del. C. § 323(a) · Delaware lists property rights and management, disposition, spousal support or alimony, estate planning, insurance, choice of law, and other lawful personal rights and obligations as permitted subjects.

What makes financial records relevant?

Delaware's enforcement section includes state-specific voluntariness and financial-disclosure safeguards that cannot be evaluated from the final document alone.

  • 13 Del. C. § 326(a)(1) · The party resisting enforcement may prove that the agreement was not executed voluntarily.

Worked issue-spotting examples

How document facts become research questions.

These examples do not predict an outcome. They show the boundary between a fact pattern, a source-backed issue, and the legal judgment still required.

The estate-plan coordination clause

The agreement requires future estate-planning documents. Delaware's permitted-subjects provision is the source to map that promise, while probate counsel may need to assess the later instruments.

Question to carry forward: What additional estate documents are needed to carry out this clause under current Delaware law?

  • 13 Del. C. § 323(a) · Delaware lists property rights and management, disposition, spousal support or alimony, estate planning, insurance, choice of law, and other lawful personal rights and obligations as permitted subjects.

The unsigned disclosure attachment

A financial attachment exists but it is unclear whether both parties received the same version. Delaware's enforcement source makes the actual disclosure and knowledge evidence worth reconstructing.

Question to carry forward: What proof shows which financial information each party received before execution?

  • 13 Del. C. § 326(a)(1) · The party resisting enforcement may prove that the agreement was not executed voluntarily.
01

Signing formalities

Confirm the complete agreement and every incorporated schedule use the required form and signatures.

  • 13 Del. C. § 322 · A Delaware premarital agreement must be in writing and signed by both parties and is enforceable without consideration.
02

Acknowledgment

Check whether the agreement or a related instrument uses an acknowledgment, notarization, witness, or recording formality.

No separate source record is catalogued for this topic. That is a research-coverage statement, not a claim that no applicable law exists.

03

Effective date

Identify the event and date on which the agreement says it becomes effective.

  • 13 Del. C. § 324 · A Delaware premarital agreement becomes effective upon marriage.
04

Permitted subjects

Map each material clause to a subject the cited authorities address and flag terms requiring separate authority.

  • 13 Del. C. § 323(a) · Delaware lists property rights and management, disposition, spousal support or alimony, estate planning, insurance, choice of law, and other lawful personal rights and obligations as permitted subjects.
05

Property

Reconcile property labels with title, income, appreciation, debt, and disposition terms.

No separate source record is catalogued for this topic. That is a research-coverage statement, not a claim that no applicable law exists.

06

Spousal support

Identify every support waiver, cap, formula, review event, and enforcement-time safeguard.

No separate source record is catalogued for this topic. That is a research-coverage statement, not a claim that no applicable law exists.

07

Children and support

Flag any term that attempts to predetermine child support, custody, or another child-related decision.

  • 13 Del. C. § 323(b) · A Delaware premarital agreement may not adversely affect a child's right to support.
08

Amendment and revocation

Confirm every claimed amendment or revocation is complete and follows the applicable form.

  • 13 Del. C. § 325 · After marriage, a Delaware premarital agreement may be amended or revoked only by a written agreement signed by the parties.
09

Voluntariness

Build a factual timeline of drafts, negotiations, pressure, capacity, language access, and signing.

  • 13 Del. C. § 326(a)(1) · The party resisting enforcement may prove that the agreement was not executed voluntarily.
10

Financial disclosure

Compare the agreement and schedules against assets, debts, income, business interests, trusts, and any waiver.

  • 13 Del. C. § 326(a)(2) · For Delaware's statutory unconscionability ground, the statute also examines fair and reasonable disclosure, written waiver of further disclosure, and adequate knowledge of the other party's property or financial obligations.
11

Independent counsel

Record who advised each party, when advice occurred, and which draft was reviewed.

No separate source record is catalogued for this topic. That is a research-coverage statement, not a claim that no applicable law exists.

12

Timing

Measure the time between first draft, material revisions, legal review, wedding, and signing.

No separate source record is catalogued for this topic. That is a research-coverage statement, not a claim that no applicable law exists.

13

Public assistance

Identify support terms that could interact with public-benefit eligibility at enforcement.

No separate source record is catalogued for this topic. That is a research-coverage statement, not a claim that no applicable law exists.

14

Void marriage

Identify whether the agreement addresses a marriage later determined to be void.

  • 13 Del. C. § 327 · If a marriage is determined to be void, an otherwise premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.
15

Other limitations

Identify severability, limitations, public-policy, choice-of-law, and other enforcement boundaries.

  • 13 Del. C. § 328 · An applicable limitations period for relief under a premarital agreement is tolled while the parties are married, while equitable defenses including laches and estoppel remain available.

Matrix and list placement describes the records in PrenupsAI's current evidence packages. It does not rank legal strictness, predict enforceability, or mean that an unlisted state has no applicable rule. Open the cited sources to inspect the underlying authority.

Method, not a verdict

How to turn fifteen prompts into a defensible review file.

331 words of shared evidence methodology accompany the state-specific editorial and authority records above.

Use the checklist as an evidence map

Work from the complete agreement outward. Preserve the best available signed copy, every incorporated schedule, and any amendment or revocation before answering individual questions. For each checklist row, distinguish three things: what the document says, what an outside record can prove, and what the cited authority addresses. Those categories overlap, but they are not interchangeable. A recital may identify the parties’ stated understanding without proving delivery; a bank statement may prove an account existed without deciding its legal classification; a statute may identify a standard without resolving disputed facts.

Mark an item complete only when the underlying record is identified, not merely because the agreement contains reassuring language. If a source is absent, record the gap and route it for research. Do not convert ‘not separately catalogued’ into ‘no law exists.’ That discipline is what makes the checklist useful across both dense statutory packages and states whose rules depend more heavily on cases or adjacent bodies of law.

Keep a source-and-version trail

Record the package version and effective-through date shown above, the date each authority was opened, and whether a later-authority search was performed. Save exact clause quotes with page or section references. When facts change—through relocation, marriage, amendment, property transfer, separation, death, or litigation—create a new review snapshot rather than overwriting the old one. The resulting trail lets another reviewer understand which document, facts, and legal source set supported each observation.

A checklist can identify missing evidence and research questions; it cannot certify validity, predict enforcement, select governing law, or replace a time-sensitive professional judgment. Use narrow language such as ‘the reviewed file does not contain the referenced schedule’ instead of ‘no disclosure occurred.’ That difference is not defensive filler. It is the basic quality control that keeps evidence reporting accurate.

End each review with a dated list of unresolved facts, assigned follow-up work, and the authority that made each question material. A visible open item is safer than an unsupported green check.