What to know:
- Under Delaware's Uniform Premarital Agreement Act, a prenup only has to be in writing and signed by both partners; it needs no notary, no witnesses, and takes effect when you marry (13 Del. C. § 322).
- A Delaware court will decline to enforce a prenup if the challenging partner proves they did not sign voluntarily, or that it was unconscionable when signed without fair disclosure (13 Del. C. § 326).
- Without a prenup, a Delaware court equitably divides marital property in the proportions it deems just, without regard to marital misconduct, and equitable does not always mean equal (13 Del. C. § 1513).
- Hiring two attorneys in Delaware commonly runs $2,600 to $11,200 for a couple, at published Delaware attorney rates of $250 to $450 an hour.
- First offers couples in Delaware a way to complete an enforceable prenup fully online, with online notarization included, so timing and disclosure stay in your hands.
You are planning a wedding in Delaware, and somewhere between the venue deposit and the guest list, the question of a prenup came up. Maybe one of you owns a home in Wilmington. Maybe there is a business, or student debt, or a first marriage that taught you something. Whatever brought you here, the practical questions are the same: does Delaware even recognize these agreements, what makes one hold up, and what does it cost to get one done. This guide answers those in Delaware's own terms.
Delaware makes the legal part lighter than most people expect. The state adopted the Uniform Premarital Agreement Act, the model law that 29 states plus the District of Columbia have enacted, according to the Uniform Law Commission. That shared framework means Delaware's rules are clear, written down, and consistent with how a large share of the country handles prenups.
Are prenups valid in Delaware?
Yes. Delaware recognizes premarital agreements under Title 13, Chapter 3 of its code, and the statute asks for very little on paper. Under Delaware's Premarital Agreements statute, a premarital agreement must be in writing and signed by both parties, and it is enforceable without consideration (13 Del. C. § 322). It takes effect when you marry.
That short list is the whole formation requirement. Delaware does not require a notary or witnesses for a prenup to be valid. It does not require either partner to hire a lawyer. What the state cares about is captured in the two words that come up again and again in enforcement: voluntary and disclosed. If you are weighing whether to get a Delaware prenup, the good news is that the paperwork bar is low and the substance is within your control.
What makes a Delaware prenup enforceable?
A Delaware court checks two things if a prenup is ever challenged, and both live in one statute. Under 13 Del. C. § 326, a court will not enforce a premarital agreement if the party against whom enforcement is sought proves they did not sign it voluntarily, or that it was unconscionable when signed and they were not given fair and reasonable disclosure of the other partner's finances, did not waive that disclosure in writing, and could not reasonably have known the other's financial situation.
Unpack that in plain terms. Voluntary means no pressure, no ambush, enough time to read and understand what you are signing. Unconscionable means so one-sided or unfair when signed that a court refuses to enforce it, and in Delaware that concern is tied tightly to disclosure. If both partners laid out what they own and owe, and both signed with time to consider it, the agreement is built to pass the test the statute describes. This is the heart of what makes a prenup enforceable anywhere, and Delaware states it cleanly.
Two habits do most of the work. First, full financial disclosure. Delaware ties enforceability to whether each partner knew what the other had, which is why full financial disclosure matters so much for a prenup. Second, timing. An agreement produced days before the ceremony is the fact pattern most likely to draw a voluntariness challenge. Delaware sets no waiting period, but how much time each partner had matters if it is ever challenged. Sign months ahead, and that argument disappears.
How does Delaware divide property without a prenup?
If you marry without a prenup, Delaware law decides how your property gets divided if the marriage ends. Delaware is an equitable distribution state, meaning a court divides marital property in the proportions it considers fair rather than an automatic even split. Under 13 Del. C. § 1513, a Delaware court equitably divides, distributes, and assigns the marital property without regard to marital misconduct, in such proportions as the court deems just.
Read that carefully, because two phrases carry weight. "Without regard to marital misconduct" means who did what in the marriage does not drive the property math. And "in such proportions as the court deems just" is the equitable part: the split is whatever a judge decides is fair given the full picture, which is not always 50/50. Equitable does not always mean equal. Delaware differs here from community property states, and if you want to see how that plays out across the country, our guide to how prenuptial agreements vary across America lays it side by side.
A prenup lets you make those decisions yourselves, in advance, instead of leaving them to a judge applying a fairness standard you never got to shape.
What can a Delaware prenup cover?
Most couples come to a prenup with a handful of concrete concerns, and Delaware's framework handles the common ones well. You can designate separate property, the assets each of you brings in or wants to keep individual, so it stays separate rather than folding into the marital pot a court would divide. You can decide how property acquired during the marriage is treated. You can assign responsibility for debts, so one partner's student loans or business liabilities are designated as theirs. And you can address spousal support, setting terms in advance rather than leaving it open. This is the core of what a prenup protects.
There are limits, and they matter. A Delaware prenup cannot decide child support. Under 13 Del. C. § 323(b), the right of a child to support may not be adversely affected by a premarital agreement. Child support belongs to the child, not the parents, so no agreement between you can bargain it away. Custody and parenting decisions are likewise left to a court to decide based on the child's best interests at the time. A prenup handles the financial architecture between the two of you; it does not reach into obligations owed to your kids.
Where a prenup includes a spousal support waiver, that is work to think through carefully, and many couples choose to bring it to an attorney rather than treat it as a simple form field.
How much does a prenup cost in Delaware?
Cost is where the math gets real, because Delaware does not require either partner to have a lawyer, yet the traditional route puts two of them on the clock. Each partner retains separate counsel, each attorney bills by the hour, and the drafting and review happen twice. That is what makes the two-attorney path expensive.
According to the Clio 2025 Legal Trends Report, Delaware family law attorneys charge an average of about $414 per hour, with the all-practice-area average at $475. Published Delaware attorney rates run $250 to $450 an hour. Applied across the drafting and review hours a prenup typically involves, and doubled when each partner hires their own counsel, that range puts a two-attorney Delaware prenup at $2,600 to $11,200 for the couple. That is the range to weigh against a flat online price. For a wider look at what shapes these numbers, see how much a prenup costs.
| Path | What it involves | Typical Delaware cost |
|---|---|---|
| First Self-Serve | Completed online, online notarization included, flat fee for the couple | $649 flat |
| Two attorneys (each partner) | Separate counsel, hourly billing, drafting and review | $2,600 to $11,200 for the couple |
| Delaware family law hourly rate | Published average, per attorney | About $414/hour |
| Delaware attorney hourly range | Published rates feeding the couple-total math, per attorney | $250 to $450/hour |
Because Delaware law does not treat an agreement differently based on how it was produced, an online prenup is a legal, enforceable path at a fraction of the two-attorney cost. First's flat $649 price covers the couple and includes online notarization. No hourly rates, no paperwork pile, no lawyering up.
How do you get a prenup in Delaware?
The steps are more manageable than the cost conversation suggests. Start early, ideally months before the wedding, so time is on your side. Both partners lay out their finances in full: assets, debts, income, the complete picture. You decide together how separate property, marital property, debts, and support should be handled. You put it in writing and both sign. In Delaware, that written, signed agreement takes effect when you marry.
This is where First fits. First lets you complete an enforceable prenup in Delaware fully online, with online notarization included. Delaware does not require notarization for validity, but a notarized signature is straightforward evidence that both partners signed, so First includes it at no extra cost. You control the disclosure and the timing, which are the two things a Delaware court weighs if it is ever challenged. The platform handles the writing and the signing so the substance is yours to get right.
Frequently asked questions
Is a prenup enforceable in Delaware?
Yes. Delaware enforces a prenup as long as both partners signed voluntarily and the agreement was not unconscionable when signed without fair and reasonable disclosure, a written waiver, and adequate knowledge of the other's finances (13 Del. C. § 326). An agreement built on full disclosure and signed with time to spare is designed to meet that standard.
Does a Delaware prenup have to be notarized?
No. Delaware does not require a prenup to be notarized for it to be valid; it only has to be in writing and signed by both partners. Notarizing it is still worth doing, because a notarized signature is straightforward evidence that both partners signed. First includes online notarization at no extra cost.
Do both people need a lawyer for a prenup in Delaware?
No. Delaware does not require either partner to be represented for a prenup to be valid. What a court looks at is whether both partners signed freely and knew what the other had. Disclosure and timing are within your control, which is what makes an online path a legal option.
Can I do a Delaware prenup online?
Yes. Nothing in Delaware law treats an agreement differently based on how it was produced. What matters is that it is in writing and signed, that both partners disclosed their finances fully, and that both signed freely. First Self-Serve is $649 for the couple and includes online notarization.
When should we sign a prenup in Delaware?
As early as you reasonably can. Delaware sets no waiting period, but how much time each partner had to read and consider the agreement matters if it is ever challenged. Signing months ahead of the wedding removes that argument entirely.
How much does a prenup cost in Delaware?
With First, a Delaware prenup is a flat $649 for the couple, with online notarization included. Hiring attorneys instead commonly runs $2,600 to $11,200 for the couple, because each partner needs their own attorney and the hourly math runs twice.
Getting started
A Delaware prenup is within reach on your own timeline. The state asks for a written agreement, both signatures, full disclosure between you, and enough time to consider what you are signing. Those are things you control, not gates a law firm has to open for you. When you are ready to see what an online prenup covers and start at your own pace, the Delaware prenup page walks you through it.
Methodology
These figures are drawn from the Clio 2025 Legal Trends Report, reflecting Delaware attorney hourly rates as of 2025. The couple totals of $2,600 to $11,200 are computed by applying a published Delaware attorney hourly range of $250 to $450 across the drafting and review hours a two-attorney prenup typically involves, doubled because each partner retains separate counsel. First's flat $649 price is First's own current Delaware price for the couple.
Sources
- Delaware Code Title 13, Chapter 3, Subchapter II (Premarital Agreements): formation and enforceability rules, including §§ 322, 323(b), and 326.
- Delaware Code Title 13 § 1513 (Disposition of marital property): equitable distribution without regard to marital misconduct.
- Clio 2025 Legal Trends Report: Delaware attorney hourly rates and flat-fee billing trends.
- Uniform Law Commission: adoption of the Uniform Premarital Agreement Act across 29 states plus the District of Columbia.
First is not a law firm. The information and tools provided by First on this site are not legal advice and not a substitute for the advice of an attorney.