A Delaware postnuptial agreement is a legally binding document designed to safeguard the interests of spouses in the event of divorce or separation. It allows spouses to delineate asset division, financial obligations, and other critical matters, providing clarity and security for both parties.
While a prenuptial agreement is established before marriage, a postnuptial agreement is concluded afterward. The legal terminology in the state primarily revolves around “separation agreements.” However, the applicability of these regulations to agreements not established in anticipation of divorce remains unclear.
Legal Considerations
Postnuptial agreements are primarily governed by statutes pertaining to Title 13 of the Delaware Code, which covers domestic relations and relevant case law established by state courts.
- Signing Requirements: Both partners must sign separation agreements willingly and with sufficient understanding of the couple’s financial situation (Hughes v. Peterson, 41 A.3d 395 (Del. 2012)).
- Dividing Property: Equitable division (Del. Code tit. 13 § 1513).
Asset and Property Rights
Wife’s Separate Property
- Married women have the right to own and manage their property independently, including the ability to sell, transfer, or encumber it, and to engage in legal actions jointly or separately, including with their husbands. [1]
- However, this does not affect the husband’s right, if he outlives his wife, to have a life estate in her real estate as tenant by the curtesy, and acknowledgments by married women regarding real estate instruments are conducted in accordance with Title 25. [2]
Marriage and Divorce
Separation Agreement
- Agreements are subject to interpretation based on the general principles of contract law, and parties are legally obligated to adhere to the terms they have agreed upon. [3]
- If a separation agreement benefits one spouse at the expense of the other, the burden is on the benefiting spouse to demonstrate the agreement’s fairness.
