attorney in delaware who handle prenuptial agreements

What issues can be dealt with in a prenuptial agreement?

Issues that are typically dealt with in a prenuptial agreement include spousal support in the event of separation or divorce, including whether the couple will waive spousal support, arrangements regarding care and support of children that either party may have from a prior relationship and how those support payments ...

What is not enforceable in a prenup?

Family Code Section 1615 provides that a prenuptial agreement is not enforceable if the party against whom enforcement is sought proves either of the following (1) that party did not execute the agreement voluntarily or (2) The agreement was unconscionable when it was executed and, before execution of the agreement, ...Sep 24, 2020

Do prenups always hold up in court?

Prenuptial agreements, if drawn up and executed correctly, are legally binding and are usually upheld in court.Oct 1, 2021

What makes a prenup legally binding?

The Agreement was Coerced or Signed Without Mental Capacity For a prenuptial agreement to be considered legally valid, it must be signed by both parties voluntarily , and both parties must be of a mental ability to understand the consequences of what they are signing.May 18, 2018

What are five things that Cannot be included in a prenuptial agreement?

5 Things You Cannot Include in Your Prenuptial Agreement Nonfinancial Rules. ... Anything Illegal. ... Terms Involving Child Custody or Support. ... Unfair or Unreasonable Terms. ... Incentive for Divorce.May 23, 2016

Are prenups legally binding?

While prenups are not yet legally binding, they may be by the time you come to divorce, or they could likely be upheld by a judge if they meet the qualifying criteria. That's why, if you want to use one, it's so important to take detailed legal advice.Mar 2, 2021

Can prenups be overturned?

Courts can overturn a prenup contract for any valid reason that is set forth by law. Some examples are: If the disclosures were inaccurate. If one party misrepresented their financial situation.Feb 24, 2021

Can a prenup be challenged?

Like any legal contract, however, prenuptial and postnuptial agreements can be challenged under certain circumstances: Fraud. Duress (potentially including “undue influence”) Unconscionability.Aug 18, 2020

How do you get around a prenuptial agreement?

The three most common grounds for nullifying a prenup are unconscionability, failure to disclose, or duress and coercion. Unconscionability may be present if the agreement is patently unfair to one party.

Can a prenup include future assets?

Home » Can A Prenuptial Agreement Protect Any Future Assets? Yes, a prenuptial agreement can protect future assets. Those are common provisions you would put in to a prenuptial agreement.

What is the difference between a prenuptial and postnuptial agreement?

A prenuptial agreement (or prenup) is a contract that a couple enters into prior to marriage that outlines all the terms of divorce in the event of dissolution. A postnuptial agreement (or postnup) is simply a prenup that is created after the marriage takes place.

What is Postnup?

A postnuptial or "postnup" agreement is similar to a prenuptial agreement, but this legal contract is written and signed after the couple is legally wed. A postnup contract outlines how assets will be divided.

What is a prenuptial agreement?

A premarital agreement (otherwise known as a prenuptial agreement) is a legal contract that two parties agree to before marriage that defines how finances, property, children, and other assets will be handled if the marriage ends.

Who is Thomas Shellenberger?

Thomas D. Shellenberger makes sense out of confusing legal situations by working with clients in various areas, including Divorce, Child Custody, Premarital Agreements, Parental Rights, Protection from Abuse (PFA) Orders, Adoption and more.

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What Is a Prenuptial Agreement?

A prenuptial agreement, also called a "premarital agreement" in Delaware, is an agreement between prospective spouses that they sign prior to marriage, which is effective only upon marriage. In a prenuptial agreement, two individuals contract to trade the act of marriage for financial terms regarding issues like property division and alimony.

Who Should Get a Prenuptial Agreement?

There are many reasons a marrying couple may want a prenuptial agreement. Once thought of as a protective tool for only the very wealthy, today couples of all income levels see the benefit of planning for the possibility of divorce prior to marriage, when the negotiation will be a much less contentious one.

What Issues Can a Prenuptial Agreement Cover?

Prenuptial agreements can cover any issues not prohibited by state law, including a wide range of financial issues that most couples tend to include in their agreements, such as the following:

Can a Prenuptial Agreement Determine Child Custody and Child Support in Delaware?

In Delaware, a prenuptial agreement can't affect child support or child custody; judges must decide each of these issues at the time the couple separates or divorces. Courts determine child custody based on what's in each child's best interest at the time of their parents' separation.

How Can I Ensure my Prenuptial Agreement Is Enforceable in Delaware?

Delaware is one of many states that has passed the Uniform Prenuptial Agreement Act (UPAA), which is a multi-state set of rules that governs the enforceability of prenuptial agreements.

Horner Law, LLC

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John A. Macconi, Jr. LLC

An experienced attorney that can assist you with all your Family Law needs.

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