Delaware § 326 Enforcement

Delaware Statutes

§ 326 — Enforcement

Delaware·Title 13·Ch. 3 HUSBAND AND WIFE; CONTRACTS AND PROPERTY RIGHTS·Subch. Premarital Agreements

(a)A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:

(1)Such party did not execute the agreement voluntarily; or

(2)The agreement was unconscionable when it was executed and, before execution of the agreement, that party: a. Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party; b. 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 c. Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.

(b)Any issue of unconscionability of a premarital agreement shall be decided by the court a

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(a) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:

(1) Such party did not execute the agreement voluntarily; or

(2) The agreement was unconscionable when it was executed and, before execution of the agreement, that party:

a. Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;

b. 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

c. Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.

(b) Any issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.

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