When couples in Delaware talk about the future, the conversation often revolves around shared goals homes, careers, maybe kids. What’s usually missing? The money talk. Specifically, whether a prenup in Delaware is something worth considering.
Let’s be real: no one gets married expecting to split up. But planning for the “what if” doesn’t mean you’re giving up before things begin. In fact, having a prenuptial agreement can make your relationship stronger. It clears up expectations and removes financial guesswork before it turns into a problem later.
And if you’re getting married in Delaware, it’s especially important to understand how state law handles property, assets, and debts in a divorce. LII explains prenups in depth here
What Is a Prenup, and Why Does It Matter in Delaware?
A prenuptial agreement (aka “prenup”) is a legally binding contract between two people who plan to get married. It lays out what happens to each person’s finances if the marriage ends. This includes how assets like homes, savings, investments, and debts are divided.
So why do so many couples in Delaware ask, “Is a prenup really necessary?” The short answer? Yes—especially if you want to avoid letting a judge decide your financial future. Delaware follows equitable distribution laws, which means that if a couple divorces without a prenup, the court decides what’s “fair.” And that might not always line up with what you think is fair.
Here’s the thing: no matter how close you and your partner are, nobody can predict the future. A prenup in Delaware puts the two of you in control of your own outcomes, instead of leaving things up to interpretation or courtroom arguments.
GET YOUR DELAWARE PRENUP STARTED TODAY
Who Should Consider a Prenup in Delaware?
The truth? Most couples could benefit from one. A prenup Delaware doesn’t just protect the rich. It protects anyone who has something to lose or wants to avoid messy legal battles down the road. Here are a few common reasons people consider one:
If you own a business, a prenup can keep it separate from marital property. That means you don’t risk losing half of it in a divorce.
If you have a home, especially one purchased before the relationship, you can specify that it stays yours.
If one of you has student loans, credit card debt, or other financial obligations, a prenup can prevent the other person from becoming responsible for it.
And if either of you has kids from a previous marriage, a prenup can help make sure your children’s inheritance is protected.
Even if you’re both starting out without much, a prenup is about setting expectations—not drawing battle lines.
Prenup vs. Marriage Certificate: What’s the Difference?
People sometimes confuse a prenup with a marriage certificate or license, but they’re completely different. A marriage license gives you permission to get married. A marriage certificate proves you’re legally married.
A prenup, on the other hand, is a financial agreement made before marriage. It has nothing to do with whether or not you’re legally married—it simply protects both parties by spelling out how money, property, and debt will be handled if the marriage ends.
Common Myths About Prenups
Let’s bust a few common myths about prenups:
Myth 1: “Only rich people get prenups.”
Not true. You don’t need to be wealthy. If you have anything to protect—or even if you don’t—a prenup gives clarity and peace of mind.
Myth 2: “Prenups mean we don’t trust each other.”
Again, not true. A prenup is more like an insurance policy. You hope you never need it, but you’ll be glad it’s there if something goes wrong.
Myth 3: “It’s unromantic to talk about money before marriage.”
Marriage is a financial partnership. If you can’t talk about money now, it’ll only get harder later.
So, What Happens Without a Prenup in Delaware?
If you don’t have a prenup and you get divorced in Delaware, the state will decide how your assets and debts are split. It uses something called “equitable distribution,” which doesn’t always mean 50/50. The court looks at income, who contributed what, and even things like homemaking or unpaid labor. But the key point is—you’re not in control.
That’s why more couples are taking the time to draft their own rules with a prenup Delaware. It doesn’t have to be complicated or intimidating. It just needs to reflect what feels fair and reasonable to both of you.
What Should You Include in a Delaware Prenup?
Here’s what most prenups in Delaware cover:
- Property you owned before marriage
- How income earned during the marriage is treated
- Ownership of businesses
- Retirement accounts
- Future inheritance
- Debt responsibility
- Spousal support (alimony)
It’s important to know that child custody and child support can’t be decided in a prenup—they’re handled separately by the court. But everything else? That’s up to you.
Talking to a Prenup Lawyer in Delaware
You don’t need to figure this out on your own. A good prenup attorney in Delaware will walk you through the process, help you avoid red flags, and make sure your agreement holds up in court. Each person should have their own lawyer to make sure the prenup is fair and valid.
If you’re thinking about protecting your future with a prenup in Delaware, now is the time to start the conversation.
TALK TO A PRENUP LAWYER IN DELAWARE NOW
Bottom Line: Why “Prenup Delaware” Matters
If you’ve made it this far, you’re probably already thinking seriously about your future. A prenup Delaware is more than a document. It’s a way of showing mutual respect, responsibility, and maturity. It helps couples avoid future stress, and instead focus on building a strong foundation.
Marriage is about love but it’s also about teamwork. And part of being a good team is making sure you both know the rules from the beginning.