family law

A pre-nuptial agreement in Delaware (also known as a prenup) is a signed legal contract between two spouses that defines or limits statutory rights arising from their marital relationship. These rights often include, but are not limited to, claims to marital property in Delaware, waivers or limitations on future spousal support or alimony, and the waiver or limitation of inheritance rights.

Before signing a pre-nuptial agreement, each spouse should fully understand the Delaware family law protections and obligations that exist without such an agreement. Often, one party may be giving up rights they would otherwise have under Delaware divorce laws. A comprehensive understanding of one’s income, assets, debts, and future financial needs is essential in the divorce planning process.

Ideally, Delaware prenups should be negotiated and signed well in advance of the wedding date. While there is no strict legal deadline, signing a prenup shortly before the ceremony can raise enforceability concerns. Delaware courts may set aside a pre-nuptial agreement if it was not entered into voluntarily. Executing a marital agreement on the eve of a wedding, especially when wedding expenses have already been incurred, gives one party an opportunity to later argue that the agreement was signed under pressure or duress.

In many cases, Delaware prenuptial agreements include a schedule of each party’s assets and debts at the time of marriage. Making a full and accurate financial disclosure is crucial—failure to do so can render the agreement invalid in the future.

If you’re considering a pre-nuptial agreement in Delaware or have questions about your legal options, our Delaware family law attorneys can help. Contact our office at 302-654-4454 to schedule a consultation.

Author Patrick J. Boyer concentrates his practice on Delaware family law. He advocates in various areas including, but not limited to, divorce in Delaware, property division, alimony, child custody and visitation, child support, and domestic violence cases. In addition, Patrick assists his clients with issues involving guardianship and third-party visitation. He is licensed in Delaware and Pennsylvania and works out of the firm’s Centreville, Delaware office.

In most cases involving separated parents, grandparents in Delaware and Pennsylvania see their grandchildren during their own child’s custodial time. However, in some situations, grandparents can seek custody or visitation rights through family court.

Grandparents’ custody rights are generally limited. Under Delaware and Pennsylvania family law, parents have a preeminent right to custody of their children. For a grandparent to obtain custody, they must demonstrate that each objecting parent is unable to provide the minimally necessary care for the child.

To obtain grandparent visitation rights in Delaware or Pennsylvania, where the grandparent has legally recognized contact with the child, the grandparent must show—regarding each parent—that the parent agrees, is unable to meet the child’s needs, or that their objections are clearly unreasonable, by clear and convincing evidence.

Many grandparent custody cases involve situations where both parents are unable to care for the child. In such cases, when competing grandparents are involved, the court will base its decision on the best interests of the child, as required under Delaware and Pennsylvania custody laws.

If you have questions about coparenting and your custody arrangements, please contact MacElree Harvey’s Centreville Delaware office at 302-654-4454. Visit macelree.com to learn more.

Author Patrick J. Boyer concentrates his practice on family law. He advocates in various areas including, but not limited to, divorce, property division, alimony, child custody and visitation, child support, and domestic violence. In addition, Patrick assists his clients with issues involving guardianship and third-party visitation. He is licensed in Delaware and Pennsylvania and works out of the firm’s Centreville, Delaware office.

Many parents struggle communicating with their former spouse after divorce regarding matters pertaining to their children. It is easy to let feelings surrounding the broken marriage negatively impact communication even on otherwise mundane topics. Over the years, I have observed a lot of ineffective and counterproductive communication between parents.  Here are a few tips for communicating more effectively. 

1. Stick to one subject when possible. Interjecting multiple subjects invites multiple disagreements and dilutes focus on the immediate problem at hand. If the issue is who is going to take the child to soccer practice, focus on that and only that. 

2. Stick to the present. It is generally counterproductive to rehash old grievances about the shortcomings of the other parent. It typically invites arguments over events in the past, triggers counterattacks, and diverts focus from the immediate issue that needs to be solved. 

3. Nouns, verbs, and questions over adjectives, adverbs, and statements. Stick to the facts and the issue. Don’t descend into name calling. Be firm and clear about what is going to happen. 

4. Confirm things in writing. Sometimes communication is so poor that parents do not wish to speak with each other over the phone. Regardless of whether conversations happen over the phone or in writing, confirm plans in writing. An example could include a brief text message after a phone call such as, I will be doing tomorrow’s school pick per our conversation. 

5. Consider using a parenting app. There are several parenting apps out there that can serve as master ledgers for the children’s school, medical appointments, and extracurricular activities that allow both parents to view and edit. Similarly, these apps can serve as one channel for written communication between the parents to track when messages are sent, received, and responded to. They are useful if communication ever becomes an issue in a future Court case. 

If you have questions about coparenting and your custody arrangements, please contact MacElree Harvey’s Delaware office at 302-654-4454. Visit macelree.com to learn more.

Author Patrick J. Boyer concentrates his practice on family law. He advocates in various areas including, but not limited to, divorce, property division, alimony, child custody and visitation, child support, and domestic violence. In addition, Patrick assists his clients with issues involving guardianship and third-party visitation. He is licensed in Delaware and Pennsylvania and works out of the firm’s Centreville, Delaware office.