Delaware Prenuptial Agreement Attorney

Fear not, lovebirds! We’ve got you covered. In this article, we’ll delve into everything you need to know about Delaware prenup attorneys, ensuring you’re well-informed and prepared to protect your future together. Grab your Dogfish head beer, and let’s dive in.

Technically, the answer is no: an attorney is not a prerequisite to a valid and enforceable prenup; however, having an attorney may be a factor a Delaware court considers when determining if your prenup is enforceable. For example, in 2022, a Delaware Family Court upheld a prenup that was signed 10 days before the wedding where only one person had a prenup. (T.A. v. C.A., No. 20-16002, 2022 WL 2256331 (Del. Fam. Ct. Feb. 10, 2022)). 

As another example, a couple who signed a prenup 2 days before the wedding where the wife did not have an attorney, the Delaware Family Court said this agreement was not enforceable because of the entirety of the situation. The fact that she didn’t have an attorney, plus several other factors, led the court to set aside the prenup. (Coulbourn v. Lambert, No. CN96-07754, 1996 WL 860586 (Del. Fam. Ct. Dec. 19, 1996)).

As you can see, having a lawyer is not a codified, strict requirement. However, if your prenup is ever challenged one day, a court could consider the presence or absence of an attorney when deciding if your prenup should hold up.

If you’ve decided to hire a Delaware prenup attorney, you may be wondering where to even begin. One great place to start is by asking your circle of friends and family. If someone has already worked with a great prenup attorney, why not reach out to them? They’re already pre-vetted by someone you trust.

Next, you can try checking out the referral programs and attorney directory available through the Delaware Bar Association. This is a great way to find qualified, Delaware-licensed attorneys. 

And don’t forget Google! It’s a tried-and-true way to get your prenup attorney search started. You can try searching “Delaware prenup attorney” or “Delaware family law attorney” to get the ball rolling. 

Pro Tip: Not all family law attorneys do prenups. Make sure to check each attorney’s website and/or give them a call to find out if they do prenups. 

Your prenuptial agreement lawyer is your legal guide, answering your questions and providing expert advice on all aspects of the prenuptial process. For example, if you’re wondering what the heck alimony is and how it works in Delaware–they’ve got you covered. 

They’ll carefully draft your agreement, making sure it reflects your individual needs and goals, and skillfully negotiate with your partner’s attorney to achieve a fair and balanced outcome. They’ll create a supportive environment for open communication and collaboration, helping you and your partner build a strong foundation for your marriage. 

Pro Tip: Just because you’re hiring a prenup attorney does NOT mean you’re also hiring a divorce attorney. People think when you hire a prenup attorney, you’re also hiring your future divorce attorney. Nope! A prenup attorney’s primary focus is on creating your prenup and making sure you are set up for a lifetime of marital bliss, not worrying about divorce.

So, what’ll it cost for a Delaware prenup attorney? Unfortunately, the answer isn’t so straightforward. The cost of your Delaware prenup will vary based on the complexity of your needs and finances, the amount of negotiations that take place, and the rate that your attorney charges. 

Here’s an example of how much a simple Delaware prenup might cost (emphasis on “might”). The average Delaware family law attorney charges $387 per hour. With a simple prenup, it may take your attorney around 12 hours to complete. This may include 2 hours of consultations, 4 hours of writing up the prenup, 4 hours of negotiation with your partner’s attorney, and 2 hours of reviewing and finalizing the prenup. That would bring your total cost for a Delaware prenup (FOR ONE SPOUSE) to $4,644 ($387 x 12 hours). Remember, your partner will still need to hire their own attorney to review the prenup and negotiate on their behalf (if they want one).

Just so you’re in the know on all things Delaware prenups, let’s discuss what requirements go into a valid prenup. In Delaware, the law that governs prenups is the Delaware Uniform Premarital Agreement Act (Del. Code tit. 13 § 321-328). This statute lays out all of the formalities and requirements that go into a valid and enforceable agreement. 

Here’s what you need to know: 

• Make sure your prenup is in writing (no verbal agreements)
• Make sure both future spouses sign it 
• Make sure both spouses enter into the agreement voluntarily (not under duress or coercion)
• Make sure both spouses provide one another with proper financial disclosure (no hiding assets, income, or debt)
• Make sure the prenup and/or terms are not unconscionable 
• Make sure the prenup does not include terms against the law or against public policy
• Make sure the prenup does not include terms about child support

Pro Tip: Notarization is not required, legally, but it is recommended as it is a great added layer of protection for your Delaware prenup.