DELAWARE PREMARITAL AGREEMENT

(Comprehensive Template)

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

1.1 Agreement Title

This Prenuptial (Premarital) Agreement (the “Agreement”) is made and entered into on [EFFECTIVE DATE] (the “Effective Date”), by and between:

• [PARTY A FULL LEGAL NAME], residing at [ADDRESS] (“Party A”); and
• [PARTY B FULL LEGAL NAME], residing at [ADDRESS] (“Party B,” and together with Party A, the “Parties,” and each, a “Party”).

1.2 Recitals

A. The Parties contemplate legal marriage to one another on or about [PLANNED MARRIAGE DATE] in the State of Delaware.
B. The Parties desire to establish their respective rights and responsibilities regarding property, income, liabilities, and spousal support, both during the marriage and in the event of a separation, divorce, or death.
C. The Parties intend that this Agreement be enforceable under Delaware law, including Delaware’s adoption of the Uniform Premarital Agreement Act (“UPAA”).
D. Each Party has had ample opportunity to obtain independent legal counsel and has executed the attached Schedules of Financial Disclosure.

In consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

II. DEFINITIONS

For purposes of this Agreement, the following terms shall have the meanings set forth below. Capitalized terms used but not defined herein shall have the meanings ascribed to them in the context in which they appear.

“Affiliate”—Any entity that directly or indirectly controls, is controlled by, or is under common control with a Party.

“Debt”—Any indebtedness, liability, obligation, or guaranty, whether accrued or contingent, secured or unsecured, including interest thereon.

“Deferred Earnings”—Any compensation, stock option, restricted stock, bonus, pension, profit-sharing, or retirement benefit accumulated during the marriage but not yet payable.

“Disclosure Schedules”—The written statements of assets, liabilities, and income attached hereto as Schedule A (Party A) and Schedule B (Party B).

“Joint Property”—Property titled or otherwise agreed in writing to be owned by the Parties jointly.

“Separate Property”—Property defined as such in Section 3.1.

“Triggering Event”—(i) dissolution of marriage, (ii) legal separation, (iii) annulment, or (iv) death of a Party.

[// GUIDANCE: Add additional defined terms as needed for complex estates or unique asset classes.]

III. OPERATIVE PROVISIONS

3.1 Classification of Property

(a) Separate Property. The following shall be and remain the Separate Property of the owning Party:
 (i) all property owned by that Party on the Effective Date, as set forth on the Disclosure Schedules;
 (ii) any property acquired thereafter by gift, devise, descent, or bequest solely to that Party;
 (iii) any appreciation, substitution, or reinvestment of Separate Property; and
 (iv) proceeds from the sale, exchange, or disposition of Separate Property.

(b) Joint Property. Unless otherwise designated in writing signed by both Parties, property acquired in joint names shall constitute Joint Property and be divided equally upon a Triggering Event.

3.2 Management and Control

Each Party shall have the sole right to manage, convey, encumber, or dispose of his or her Separate Property without notice to, or consent of, the other Party. The Parties may jointly manage Joint Property.

3.3 Income from Separate Property

Income derived from a Party’s Separate Property shall remain that Party’s Separate Property unless commingled in a manner that evidences intent to create Joint Property.

3.4 Debts

(a) Pre-Marital Debts. Each Party shall be solely responsible for all Debt incurred prior to the marriage.
(b) Marital Debts. Debts incurred jointly or for the mutual benefit of the Parties shall be allocated as agreed in writing or, absent such agreement, equally.

3.5 Deferred Earnings & Retirement Benefits

Deferred Earnings traceable to Separate Property shall be Separate Property; otherwise, such earnings shall be divided in proportion to contributions made by each Party during marriage.

3.6 Consideration

The mutual promises herein and the impending marriage constitute good and valuable consideration.

IV. REPRESENTATIONS & WARRANTIES

4.1 Voluntariness

Each Party represents that he or she is entering into this Agreement voluntarily, free of duress, fraud, or undue influence.

4.2 Full and Fair Disclosure

Each Party warrants that the Disclosure Schedules contain a complete and accurate statement of that Party’s assets, liabilities, and income as of the date hereof.

4.3 Independent Counsel

Each Party acknowledges:
(a) the opportunity to consult independent counsel of his or her choosing; and
(b) that any failure to do so shall not affect the enforceability of this Agreement.

4.4 No Reliance

Each Party acknowledges that no representations or promises, other than those expressly contained herein, have been made to induce execution of this Agreement.

[// GUIDANCE: Attach executed acknowledgment letters from counsel, if retained.]

V. COVENANTS & RESTRICTIONS

5.1 Ongoing Disclosure

Each Party covenants to update promptly the other Party of any material change (> [THRESHOLD] USD) in assets or liabilities prior to the marriage ceremony.

5.2 Estate Planning Cooperation

The Parties shall execute such wills, trusts, and related instruments as may be reasonably necessary to effectuate this Agreement.

5.3 Life Insurance

Each Party shall maintain life insurance in the face amount of at least [AMOUNT] naming the other Party (or the Parties’ children, if any) as beneficiary until the earlier of (i) divorce, (ii) annulment, or (iii) death.

5.4 Confidentiality

Except as required by law, the Parties shall keep the terms of this Agreement and all financial information confidential.

5.5 Notice & Cure

Any alleged breach shall be communicated in writing to the breaching Party, who shall have [CURE PERIOD] days to cure before an Event of Default is deemed to occur.

VI. DEFAULT & REMEDIES

6.1 Events of Default

The following constitute an “Event of Default”:
(a) material breach of any covenant or warranty;
(b) failure to comply with a final judicial or arbitral order enforcing this Agreement.

6.2 Remedies

(a) Specific Performance. The non-breaching Party may seek specific performance or injunctive relief in the Family Court of the State of Delaware.
(b) Monetary Damages. Subject to Section 7.3 (Liability Cap).
(c) Attorney Fees. The prevailing Party shall be entitled to reasonable attorney fees and costs.
(d) Cumulative Remedies. Remedies are cumulative and not exclusive.

VII. RISK ALLOCATION

7.1 Mutual Indemnification

Each Party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party and his or her heirs, executors, and assigns (“Indemnified Party”) from and against any Losses arising out of (i) breach of this Agreement, or (ii) any material misrepresentation in the Disclosure Schedules.

7.2 Exclusions

Indemnification shall not apply to (i) losses caused by the Indemnified Party’s willful misconduct or gross negligence, or (ii) claims that Delaware law deems non-waivable (e.g., child support).

7.3 Liability Cap

The Indemnifying Party’s aggregate liability under Section 7.1 shall not exceed [USD LIABILITY CAP AMOUNT], except that no cap shall apply to fraud or intentional misrepresentation.

7.4 Force Majeure

No Party shall be liable for failure to perform any obligation, other than payment obligations, due to causes beyond reasonable control, including acts of God, governmental acts, or court orders.

[// GUIDANCE: Delaware law will not permit waiver of child support; ensure exclusions are preserved.]

VIII. DISPUTE RESOLUTION

8.1 Governing Law

This Agreement and any dispute arising hereunder shall be governed by and construed in accordance with the domestic relations laws of the State of Delaware, without regard to conflict-of-laws principles.

8.2 Forum Selection

Exclusive jurisdiction and venue shall lie in the Family Court of the State of Delaware (the “Designated Court”).

8.3 Arbitration (Limited Availability)

(a) Elective Scope. By mutual written agreement executed after a dispute arises, the Parties may submit property-valuation or interpretive disputes to binding arbitration administered by [ARBITRATION PROVIDER] in Wilmington, Delaware.
(b) Non-Arbitrable Matters. Issues relating to child custody, visitation, or support shall not be arbitrable.
(c) Confirmation. Any arbitral award may be confirmed by the Designated Court.

8.4 Waiver of Jury Trial

The Parties acknowledge that the Designated Court conducts bench trials; therefore, no jury trial right exists and none is waived hereby.

8.5 Injunctive Relief

Nothing in this Article shall limit either Party’s right to seek provisional remedies, including temporary restraining orders or specific performance, in the Designated Court.

IX. GENERAL PROVISIONS

9.1 Amendment & Waiver

No amendment or waiver of any provision of this Agreement shall be effective unless it is in writing and signed by both Parties.

9.2 Assignment

Neither Party may assign or delegate any right or obligation hereunder without the prior written consent of the other Party, except by operation of law.

9.3 Successors & Assigns

This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns.

9.4 Severability

If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force, and the Designated Court is authorized to reform the Agreement to effectuate the Parties’ intent.

9.5 Integration

This Agreement, including the Disclosure Schedules, constitutes the entire understanding of the Parties and supersedes all prior agreements, whether oral or written, relating to the subject matter hereof.

9.6 Counterparts & Electronic Signatures

This Agreement may be executed in any number of counterparts, each of which shall be deemed an original. Signatures transmitted by electronic means (e.g., PDF or DocuSign) shall be deemed original signatures.

9.7 Headings

Headings are inserted for convenience only and shall not affect interpretation.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Delaware Prenuptial Agreement as of the Effective Date first above written.

[// GUIDANCE: Consider initials at bottom of each page to reduce risk of page substitution.]

Notary Acknowledgment – Party A

State of Delaware
County of __

On this ___ day of __, 20, before me, the undersigned Notary Public, personally appeared [PARTY A], who proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to this instrument, and acknowledged that he/she executed the same for the purposes therein contained.

Notary Public
My Commission Expires: ____

Notary Acknowledgment – Party B

State of Delaware
County of __

On this ___ day of __, 20, before me, the undersigned Notary Public, personally appeared [PARTY B], who proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to this instrument, and acknowledged that he/she executed the same for the purposes therein contained.

Notary Public
My Commission Expires: ____

Schedule A – Party A Financial Disclosure

[Attach detailed, dated list of all assets, liabilities, and income streams.]

Schedule B – Party B Financial Disclosure

[Attach detailed, dated list of all assets, liabilities, and income streams.]

[// GUIDANCE: Attach additional schedules for complex assets (e.g., closely-held business valuations, trust interests).]

END OF DOCUMENT