Contact Us For A Consultation
302-644-7181 Lewes
302-697-4900 Camden

Prenuptial and postnuptial agreements as part of estate planning

Some Delaware residents might not be aware of the fact that prenuptial and post-nuptial agreements serve another function besides providing for the division of property in a divorce. These agreements can also be part of estate planning. People who marry later in life -- or for the second time -- might already have separate property that they want to ensure will be inherited by someone other than their new spouses.

This is often the main reason why couples in these situations will often enter into marital agreements -- especially if they have children from a prior relationship. Most states, including Delaware, provide that a spouse will inherit a certain percentage of the deceased spouse's estate before anything goes to his or her children. That proviso typically applies, unless the spouse waives his or her rights to certain property in a prenuptial or post-nuptial agreement.

Furthermore, prenups and postnups can identify the separate property of each party. Each spouse ordinarily agrees those assets will be considered separate and waives any right to them in the event of divorce or death. This way, each party will have that property to dispose of as he or she sees fit.

These documents can then be accompanied by other documents drafted and executed during estate planning. It is important to note, however, that prenuptial and post-nuptial agreements must be negotiated, drafted and executed in accordance with current Delaware laws. Otherwise, they could be ruled unenforceable by a court when needed. Therefore, it would be a good idea for each party to engage an attorney to ensure that the agreement complies with current law and is in each party's best interests.

Source: lakeconews.com, "Estate Planning: Enforceable marital agreements", Dennis Fordham, June 18, 2016

No Comments

Leave a comment
Comment Information

What Our Clients Say About Us…

My wife and I would like to take this opportunity to highly recommend the legal practice of Bonnie Benson and her very professional staff… Bonnie and her staff are organized, engaged in the client's case and they communicate effectively.

Read More
Latest Blogs
Get The Help Now

Need Answers Now? Contact Us Immediately

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

your success. our commitment. elder counsel excellence in elder law  and special needs state bar delaware association

Camden Office
306 East Camden Wyoming Avenue
Camden, DE 19934

Phone: 302-697-4900
Fax: 302-697-4901
Camden Law Office Map

Lewes Office
33718 B Wescoats Road
Lewes, DE 19958

Phone: 302-644-7181
Fax: 302-644-7182
Lewes Law Office Map

We Accept visa mastercard discover network
Review Us