Delaware writing and signature requirements
A Delaware premarital agreement must be in writing and signed by both parties and is enforceable without consideration.
13 Del. C. § 322DE · Manually written guide
Prenup laws in Delaware
Delaware's Premarital Agreement Act organizes formalities, permitted subjects, child-support protection, effectiveness, amendment, and enforcement within Title 13.13 Del. C. § 32213 Del. C. § 323(a)13 Del. C. § 326(a)(1)
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.13 Del. C. § 32213 Del. C. § 326(a)(1)
Evidence tiersection verified
Package versionde-2026-07-21.3
Authorities9
Reviewed2026-07-21
Effective through2026-07-21
Formation and lifecycle
Execution requirements to investigate
Delaware effect of marriage
A Delaware premarital agreement becomes effective upon marriage.
13 Del. C. § 324Delaware amendment and revocation formalities
After marriage, a Delaware premarital agreement may be amended or revoked only by a written agreement signed by the parties.
13 Del. C. § 325What the agreement addresses
Permitted subjects and legal limits
Delaware permitted agreement subjects
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.
13 Del. C. § 323(a)Delaware child-support limitation
A Delaware premarital agreement may not adversely affect a child's right to support.
13 Del. C. § 323(b)Delaware void-marriage rule
If a marriage is determined to be void, an otherwise premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.
13 Del. C. § 327Delaware limitation-of-actions rule
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.
13 Del. C. § 328Process evidence
Financial disclosure, voluntariness, counsel, and timing
Delaware voluntary-execution safeguard
The party resisting enforcement may prove that the agreement was not executed voluntarily.
13 Del. C. § 326(a)(1)Delaware disclosure and knowledge safeguard
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.
13 Del. C. § 326(a)(2)Hypotheticals, not outcomes
Practical examples
These examples show how document facts can intersect with the cited sources. They do not predict a court result.
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.13 Del. C. § 323(a)
Ask local counsel
What additional estate documents are needed to carry out this clause under current Delaware law?
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.13 Del. C. § 326(a)(1)
Ask local counsel
What proof shows which financial information each party received before execution?
Common starting points
Delaware prenup FAQs
Answers are deliberately scoped to the cited evidence package and should be checked against current law.
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
Does Delaware identify permitted contract subjects?
Section 323 identifies property and related subjects while preserving mandatory child-support protections.13 Del. C. § 323(a)
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)
Prepare for independent advice
Questions for a Delaware lawyer
Bring the agreement, every exhibit, prior drafts, disclosure records, and a signing timeline. Then use the source-linked questions as an interview guide.
- 01
Is the complete agreement, including every referenced schedule, written and signed by both parties?13 Del. C. § 322
- 02
Which provisions depend on a deed, will, trust, insurance designation, or other implementing document?13 Del. C. § 323(a)
- 03
Does any provision purport to adversely affect a child's support right?13 Del. C. § 323(b)
- 04
Did the contemplated marriage occur, and what date did the agreement become effective?13 Del. C. § 324
- 05
Are all claimed amendments or revocations written, signed, and matched to the operative agreement?13 Del. C. § 325
- 06
What admissible evidence bears on whether execution was voluntary?13 Del. C. § 326(a)(1)
- 07
What disclosure, waiver, and knowledge evidence addresses each part of section 326(a)(2)?13 Del. C. § 326(a)(2)
- 08
If marriage validity is disputed, how could section 327 affect the requested relief?13 Del. C. § 327
- 09
How do the statutory tolling rule and available equitable defenses affect the timing issue?13 Del. C. § 328
Known boundaries
Package limitations
- This package encodes the cited official statutory sections but does not decide how a court would apply them to particular facts.
- Later amendments, decisions, court rules, conflicts rules, and local practice require continuing review.
- Attorney review is optional and can add a professional opinion; this package supports transparent research and issue spotting without prior endorsement.