Prenuptial Agreements Lawyer
Prenuptial agreements in Delaware are not just for the wealthy. Wahl Family Law strongly recommends that all family law clients who are contemplating marriage or remarriage, consider a prenuptial agreement.
Because Delaware is a no fault divorce state, it is difficult to predict how marital assets and debts will be divided by the Family Court, as the standard is “equitable” distribution of assets, not a 50/50 community property division. A prenuptial agreement is an enforceable contract in the Delaware courts that allows a couple to predict and determine with more certainty the division of marital assets and debts as well as protect children from a previous marriage.
In Delaware a prenuptial agreement can also be established for a finite time to ensure the couple that the marriage is going to work. If you married without a prenuptial agreement in Delaware, you have the option of utilizing a postnuptial agreement to establish the property and support obligations.
What is a prenuptial agreement?
In Delaware a prenuptial agreement (sometimes referred to as a premarital agreement or ante-nuptial agreement) is a contract entered into and signed before the wedding. These agreements have provisions for divorce and predetermine how marital assets and debts will be distributed, and what alimony or support will be paid if either of these events occurs. These agreements also protect a person’s assets and can preserve them for the person’s heirs.
For same sex couples or domestic couples in Delaware (living together but not married), a Delaware cohabitation or domestic partnership agreement can accomplish the same task. These agreements set forth the terms and obligations of the relationship.
What are the advantages of a prenuptial agreement?
In Delaware prenuptial agreements and premarital agreements are used as premarital asset preservation tools to protect accumulated personal and family assets for your children and beneficiaries, and determine whether there will be alimony or spousal support required in the event of divorce.
In Delaware prenuptial agreements add certainty in the event of a divorce
Prenuptial agreements can help to avoid expensive litigation.
Can a prenuptial agreement be overthrown in the Delaware Family Court?
Yes, a prenuptial agreement (and postnuptial agreement) can be overturned by the Delaware Family Court if one can prove fraud or nondisclosure of finances by either party, or if the agreement is overreaching or unconscionable, or made under duress or misrepresentation.
At Wahl Family Law Joseph Wahl has years of experience negotiating and writing prenuptial, premarital, and postnuptial agreements. His firm is organized for maximum responsiveness to clients seeking a Delaware premarital agreement. The office is conveniently located in Wilmington Delaware, Concord Pike (Rt. 202) at the WSFS Bank Building in Fairfax Shopping Center.
Contact an Experienced Prenuptial and Postnuptial Agreements Lawyer
At Wahl Family Law we are experienced in negotiating and drafting prenuptial and postnuptial agreements. If you need a Wilmington Delaware Prenuptial Agreement Attorney, please schedule a confidential consultation by calling us at 302-658-2834. The initial consultation fee is $450.00.