Planning a wedding in Delaware often means balancing charming historic venues like Winterthur gardens and Cantwell’s Tavern with the practical items on your to-do list, like figuring out what happens to your finances after “I do.” When you get to the pragmatic items on your list, this is where prenuptial agreements come in. These contracts aren’t about planning for a divorce; they are an effective way to get on the same page as your fiancé while protecting each other’s financial futures. Starting your marriage with transparency and honest conversations about expectations is a great way to begin a life together. But do I need a lawyer for a valid prenup in Delaware? And, what’s required for a valid and enforceable prenup in Delaware? Keep reading to find the answers to your questions and to learn more about prenups.
Can we share a lawyer?
The short answer is nope! It’s not a good idea to share a lawyer. In Delaware, as in most states, a lawyer owes a duty of loyalty to their client and cannot ethically represent both parties in a prenup negotiation. Even if you and your partner are aligned on every term, your interests are inherently different. One person may be protecting premarital assets or business interests, while the other wants assurance of financial security if the marriage ends. Sharing a lawyer risks creating a conflict of interest. Even worse, sharing a lawyer could give one party grounds to challenge the prenup later by claiming they weren’t fully advised of their rights.
Delaware courts value fairness and transparency in prenups. In the 2013 case, Acierno v. Worthy, the state’s Chancery Court reiterated that agreements involving significant personal and financial stakes will be closely scrutinized for fairness and voluntariness. While Acierno wasn’t about prenups specifically, it reflects a principle Delaware courts often apply: one-sided or poorly explained agreements won’t survive a challenge (Acierno v. Worthy (2013)). Separate lawyers for each party would help prevent this problem.
Can only one of us hire a lawyer?
Legally, yes, only one of you can hire an attorney while the other remains unrepresented. Delaware law doesn’t require both parties to be represented. But practically, having only one lawyer can be risky. If your fiancé doesn’t have an attorney, they may later claim they didn’t fully understand the agreement or felt pressured to sign it. That can open the door for a court to strike down the prenup.
What are the requirements for a valid and enforceable prenup in Delaware?
Delaware’s Uniform Premarital Agreement Act (UPAA) governs prenuptial agreements. Under Section 2701, a prenup is enforceable if it is:
- In writing and signed by both parties,
- Entered into voluntarily,
- Terms were not unconscionable when signed, and
- Fair and reasonable disclosure of financials
Delaware allows for parties to sign a written waiver of the requirement that parties disclose their assets and debts. When deciding whether to uphold a prenup, courts will consider whether each party understood the agreement at the time of signing, and whether they had the chance to seek independent legal counsel before signing. While not mandatory, independent counsel strengthens the enforceability of the agreement and reduces the chance of later disputes(6 Del. C. § 2701)
Can I write my own prenup?
You can absolutely draft your own prenup in Delaware. There’s no legal requirement that it be written by a lawyer. But “can” and “should” are two different things. Prenups are legally binding contracts that can affect everything from your home to your retirement accounts to spousal support. A DIY prenup might save money upfront, but it can be disastrous if the agreement is later found unenforceable because it missed key statutory requirements. For example, a self-written prenup might fail to include full financial disclosures or use vague language about “separate property” that leaves room for interpretation. Delaware courts have little patience for ambiguous agreements. If something isn’t spelled out clearly in your prenup, the court will decide based on state law—which might not match your intentions.
It’s also worth noting that while Delaware allows waivers of spousal support in prenups, those waivers must not be unconscionable. Courts may revisit such provisions at divorce if enforcing them would leave one spouse destitute. This “second look” doctrine is similar to approaches in other equitable-distribution states and underscores why professional drafting is so important.
How much does a prenup lawyer cost in Delaware?
Costs vary depending on complexity, attorney experience, the amount of back-and-forth negotiations, and whether both parties are represented. For straightforward prenups where both partners have modest assets and agree on most terms, legal fees in Delaware typically range from $1,200 to $3,000 per party. More complex agreements involving business interests, real estate, anticipated inheritances, or complicated provisions can run $5,000 or more. Location also matters.
Attorneys in Wilmington or Newark often charge higher rates than those in smaller towns. Many family law attorneys offer flat fees for prenup drafting and review, which can provide predictability and help avoid surprise bills. It’s also common for one partner, often the higher-earning spouse, to cover the cost of both attorneys as part of the agreement, though the attorneys must still remain independent.
If you’re trying to be cost-conscious, and who isn’t during wedding planning…consider using a highly regarded prenup drafting platform such as HelloPrenup. Through HelloPrenup, you can receive an expertly drafted prenup aligned with Delaware state law for $599.
Where do I find a prenup lawyer in Delaware?
Delaware has a relatively small legal community, which can make finding a qualified family law attorney easier. A good starting point is the Delaware State Bar Association’s Lawyer Referral Service, which can connect you with vetted attorneys statewide. You can also check local county bar associations in New Castle, Kent, or Sussex counties. Also, ask friends and family for trusted referrals in your area. Make sure you check out a potential lawyer’s reviews online, and when interviewing potential lawyers, ask about their experience specifically with Delaware prenups, not just divorce law generally. The nuances matter. Delaware’s equitable-distribution rules, case law on unconscionability, and adoption of the UPAA all affect how prenups are drafted and enforced here. Understanding both the Delaware legal landscape and the personal dynamics that come with prenups is critical for any lawyer drafting a prenup.
Final thoughts on whether you need a prenup lawyer in Delaware
Delaware doesn’t legally require lawyers for prenups, but having them is the safest way to ensure your agreement stands up in court. Without legal guidance, you risk overlooking important disclosures, miswording key provisions, or creating an agreement that’s later deemed unfair or unenforceable. Hiring separate lawyers for each partner is a way to make both parties feel protected. It also ensures both people understand the deal, can negotiate confidently, and avoid future litigation. Prenups are as much about building trust as they are about protecting assets. Done right, they can strengthen the foundation of your marriage.
Delaware’s laws make prenups accessible, but also hold them to high standards of fairness and disclosure. While you can draft your own agreement or hire just one lawyer, the safest path is for both parties to have independent counsel. It’s an investment in peace of mind knowing that if life takes an unexpected turn, your agreement won’t just exist on paper, it will stand up when it matters most. Now, sit down with your fiancé and have those honest financial conversations. Once you get your prenup signed, you two can get back to planning your future together!
Jourdan Stewart is Legal Operations Attorney at HelloPrenup, and a Texas licensed attorney. Jourdan is experienced in drafting prenuptial agreements, and her legal expertise extends to other aspects of family law, business law and entertainment law. Jourdan earned her law degree from Pepperdine University, her MBA from The Acton School of Business, and her BBA from Baylor University. Jourdan’s favorite aspect of legal practice is helping clients fully understand and achieve their goals. She finds great satisfaction in tailoring solutions to each client’s unique set of wants and needs. When she’s not practicing law, Jourdan can be found in nature with her two children and their dog, Stewey.
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