Not all premarital agreements are enforceable. A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:
- Such party did not execute the agreement voluntarily; or
- The agreement was unconscionable when it was executed and, before execution of the agreement, that party:
- Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;
- Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and
- Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.
Moreover, the right of a child to support from either parent may not be adversely affected by a premarital agreement. If you have a premarital agreement and waived child support or accepted a lower amount than you would receive pursuant to the Delaware Child Support Formula, this term is unenforceable.
Consider scheduling an initial consultation with a family law attorney who specializes in this area to avoid any uncertainty about the enforceability of your premarital agreement.