Patrick J. Boyer

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.