Prenuptial Agreement

DELAWARE PREMARITAL AGREEMENT

Execution gate. Under 13 Del. C. § 322, the agreement must be in writing and signed by both prospective spouses. It becomes effective upon marriage under § 324. Notarization is not listed as a statutory formality, but counsel may recommend acknowledgments or witnesses for evidentiary or related-document purposes.

1. PARTIES AND TIMING

This Premarital Agreement is signed on [__/__/____] by:

The parties are prospective spouses making this Agreement in contemplation of marriage. If the contemplated marriage does not occur, this Agreement does not become effective as a premarital agreement.

2. PURPOSE AND STATUTORY FRAMEWORK

The parties intend to address only the selected matters allowed by 13 Del. C. § 323, including property rights and management, disposition on separation, dissolution or death, spousal support or alimony, estate-planning arrangements, life-insurance death benefits, governing law, and other lawful personal rights and obligations.

Nothing in this Agreement may adversely affect a child's right to support. This Agreement does not predetermine custody, parenting time, or any other child-related issue reserved to the governing law and court.

3. VOLUNTARY PROCESS AND COUNSEL

Each party states that:

☐ The Agreement was received in proposed form on [__/__/____].

☐ Adequate time was available to review, request information, negotiate, and obtain advice.

☐ No wedding, immigration, housing, financial, or family pressure was used to compel signature.

☐ No promise outside the written Agreement induced signature.

Separate counsel

The parties understand that independent counsel is a safeguard against later disputes. This section does not state that declining counsel automatically establishes enforceability.

4. FINANCIAL DISCLOSURE

Section 326 addresses an unconscionable agreement executed without fair and reasonable disclosure, without a voluntary and express written waiver of further disclosure, and without adequate knowledge of the other party's property or financial obligations.

Attached schedules

☐ Schedule A — Party A's assets, income, and financial obligations

☐ Schedule B — Party B's assets, income, and financial obligations

☐ Supporting account, valuation, ownership, debt, tax, compensation, and benefit records identified in each schedule

Each schedule is dated [__/__/____] and identifies material:

• real property and ownership interests;
• bank, brokerage, retirement, deferred-compensation, and digital-asset accounts;
• business, partnership, trust, and beneficial interests;
• vehicles and significant personal property;
• income and recurring compensation;
• debts, guarantees, tax obligations, pending claims, and contingent liabilities; and
• valuation method and date where value is not readily known.

Disclosure selection

Select one after separate legal review:

☐ Each party acknowledges fair and reasonable disclosure and adequate knowledge; no further-disclosure waiver is intended.

☐ Party A voluntarily and expressly waives in writing disclosure beyond the information actually provided in Schedule B, after advice of separate counsel.

☐ Party B voluntarily and expressly waives in writing disclosure beyond the information actually provided in Schedule A, after advice of separate counsel.

Specific limits of any waiver and information actually provided:

[________________________________]

A blanket waiver should not replace a deliberate disclosure process.

Pre-marriage updates

Each party will disclose before the marriage any material change in the scheduled property or obligations exceeding $[________________________________] or otherwise material because of its nature.

5. PROPERTY DEFINITIONS

Party A Separate Property means the property listed in Schedule A and any additional property expressly classified below.

Party B Separate Property means the property listed in Schedule B and any additional property expressly classified below.

Joint Property means property the parties intentionally title jointly or classify as joint in a signed writing.

Property carries the broad meaning in § 321(2), including present or future, legal or equitable, vested or contingent interests in real or personal property, income, and earnings.

6. PREMARITAL AND SEPARATE PROPERTY

Existing property

Each party retains the ownership rights selected below in that party's listed Separate Property:

☐ Ownership and control

☐ Appreciation and depreciation

☐ Income and earnings from the property

☐ Proceeds, substitutions, and reinvestments traceable to the property

☐ Other: [________________________________]

Future acquisitions

Classify future property deliberately:

Tracing records required: [________________________________]

Effect of commingling or joint title: [________________________________]

The template does not assume that every jointly titled asset must be divided equally or that all marital-period earnings remain separate. The completed selections control only to the extent lawful and enforceable.

7. MANAGEMENT, TRANSFER, AND USE

Subject to any signed joint-property rule and applicable law, each party may manage that party's Separate Property as follows:

[________________________________]

Consent required for these transfers, encumbrances, beneficiary changes, or uses:

[________________________________]

Household or family use of Separate Property and any reimbursement rule:

[________________________________]

8. DEBTS AND FINANCIAL OBLIGATIONS

Existing obligations

Each party remains responsible between the parties for the obligations listed on that party's disclosure schedule, except:

[________________________________]

Obligations during marriage

This allocation governs only the parties' rights against each other. It does not by itself alter a creditor's rights or release a signer, co-obligor, guarantor, tax debtor, or liened property.

9. DISPOSITION ON SEPARATION OR DISSOLUTION

Upon separation or marital dissolution, the parties intend:

Separate Property

[________________________________]

Joint Property

☐ Sale and net division under this formula: [________________________________]

☐ Distribution in kind under this method: [________________________________]

☐ Buyout procedure and valuation date: [________________________________]

☐ Other: [________________________________]

Residence

Business or professional interests

[________________________________]

Retirement and deferred compensation

[________________________________]

Any required plan order, beneficiary form, tax consent, transfer instrument, or third-party approval must be completed separately.

10. SPOUSAL SUPPORT OR ALIMONY

Section 323(a)(4) permits modification or elimination of spousal support or alimony. Select one after separate counsel reviews current circumstances and enforceability:

☐ No waiver. Support remains for later agreement or determination under governing law.

☐ Mutual waiver, stated here: [________________________________]

☐ Party A waiver only, stated here: [________________________________]

☐ Party B waiver only, stated here: [________________________________]

☐ Agreed formula, amount, duration, or condition: [________________________________]

Termination events, modification rules, security, tax treatment, and survival:

[________________________________]

This section does not affect child support.

11. DEATH, ESTATE PLANNING, AND LIFE INSURANCE

Section 323 permits arrangements involving wills, trusts, disposition at death, and life-insurance death benefits. This Agreement does not itself execute a will, trust, deed, beneficiary designation, retirement-plan election, or spousal consent.

Rights at death

Required estate-planning deadline and responsible professional:

[________________________________]

Life-insurance owner, insured, beneficiary, amount, premium payer, duration, and proof:

[________________________________]

The parties will coordinate this section with current federal benefit law, tax law, estate documents, and plan or insurer requirements.

12. PERSONAL RIGHTS AND HOUSEHOLD AGREEMENTS

Section 323(a)(8) allows other personal rights and obligations only if they do not violate public policy or a statute imposing a criminal penalty.

Optional household provisions:

☐ Residence and relocation expectations: [________________________________]

☐ Education or career arrangements: [________________________________]

☐ Household expense and account administration: [________________________________]

☐ Confidentiality of private financial information: [________________________________]

☐ Other: [________________________________]

No provision authorizes coercion, restricts access to counsel or courts, excuses unlawful conduct, or sets child custody or support.

13. TAX AND BENEFITS COORDINATION

The parties will obtain separate tax and benefits advice concerning filing status, estimated taxes, basis, gain, loss, gifts, retirement plans, health coverage, and transfers.

Agreed tax-return preparation and information exchange: [________________________________]

Allocation of liabilities, refunds, audits, and professional fees between the parties: [________________________________]

This section does not bind a tax agency or plan administrator.

14. AMENDMENT OR REVOCATION

After marriage, § 325 permits amendment or revocation only by a written agreement signed by both parties. No oral statement, conduct, informal email, or unilateral document is intended to amend or revoke this Agreement.

Pre-marriage changes must also be written and signed by both prospective spouses.

15. ENFORCEMENT ACKNOWLEDGMENTS

Each party acknowledges:

☐ Signature is voluntary.

☐ The completed Agreement and schedules were reviewed.

☐ The party understands the property, support, and death rights changed by the Agreement.

☐ The party believes the other party's disclosure is fair and reasonable, subject to any specific written further-disclosure waiver.

☐ Questions were answered or identified as unresolved below.

Unresolved question, reservation, or excluded subject:

[________________________________]

Under § 326, a party resisting enforcement may prove lack of voluntary execution, or the statutory combination involving unconscionability when executed, disclosure, waiver, and adequate knowledge. Unconscionability is decided by the court as a matter of law.

16. VOID MARRIAGE AND CLAIM TIMING

Section 327 provides that if a marriage is determined void, an agreement that otherwise would have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.

Section 328 tolls an otherwise applicable statute of limitations for a claim under the Agreement while the parties are married, while preserving equitable time defenses including laches and estoppel.

17. GOVERNING LAW AND DISPUTE PROCESS

The parties select Delaware law to govern construction of the Agreement under § 323(a)(7), subject to any controlling choice-of-law rule.

Optional confidential mediation after a dispute arises:

☐ Before a contested motion, the parties will consider mediation with [________________________________], unless urgent relief or a court order makes mediation inappropriate.

No arbitration clause, exclusive-forum clause, jury waiver, prevailing-party fee clause, indemnity, liability cap, default regime, force-majeure clause, or automatic reformation clause is included.

A court with jurisdiction will determine enforceability and available relief.

18. GENERAL TERMS

1. Entire agreement. This Agreement and its signed schedules state the parties' agreement on the subjects covered.
2. No implied waiver. A waiver must be written, signed, and limited to the identified matter.
3. Severability. If a provision is unenforceable, the court may determine the effect on the remaining Agreement under applicable law. The parties do not authorize a material term to be rewritten automatically.
4. Headings. Headings aid organization and do not change the text.
5. Counterparts and signature method. Use original or counterpart signatures in the manner counsel confirms satisfies § 322 and any related execution requirement. This form does not assume electronic signature suffices.
6. No third-party release. Nothing releases a creditor, taxing authority, plan, insurer, trustee, or other nonparty.

19. SIGNATURES

The parties sign this written Agreement before marriage.

Prospective Spouse A

Prospective Spouse B

20. OPTIONAL ACKNOWLEDGMENTS

These acknowledgments are optional drafting safeguards, not statutory formalities stated in § 322.

Party A

State of [________________________________]

County of [________________________________]

Acknowledged before me on [__/__/____] by [________________________________].

Notarial officer: ________________________________________

Commission expires: [________________________________]

Party B

State of [________________________________]

County of [________________________________]

Acknowledged before me on [__/__/____] by [________________________________].

Notarial officer: ________________________________________

Commission expires: [________________________________]

21. SCHEDULES

Schedule A — Party A

Schedule B — Party B

Each schedule must be separately dated and signed by both parties or expressly incorporated into the signed Agreement.

VERIFIED OFFICIAL SOURCE

Delaware Code Online, Title 13, Chapter 3, Subchapter II, §§ 321–328 (accessed July 30, 2026):

https://delcode.delaware.gov/title13/c003/sc02/index.html

Amendment-index searches produced no 2025–2026 lead affecting these sections. The official current text continues to identify 70 Del. Laws, chapter 462, § 2 as the source of §§ 321–328.