How is a prenuptial agreement enforced?

A prenuptial agreement is a contract entered into by two parties prior to getting married and is intended to define the assets and liabilities of each spouse. In Delaware, prenuptial agreements can be enforced in the event of a divorce. To be enforceable, the agreement must be made voluntarily by both parties and must be fair and equitable at the time the agreement was entered into. In Delaware, the court will not review the terms of the agreement to see if it is fair. However, if the terms of the agreement are unconscionable, meaning the agreement is extremely one-sided or favors one party over the other, the court may choose not to enforce it. The court may also choose not to enforce prenuptial agreements when the agreement was entered into under duress. To be sure that a prenuptial agreement is enforceable, both parties should consult with a family law attorney prior to signing the agreement. This will ensure that the agreement contains language that is clear and consistent with the goals of the parties. Additionally, the parties should both have their own attorneys to provide them with independent legal advice and ensure that the agreement is fair and equitable.

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