Delaware § 326 Enforcement

Delaware Statutes

§ 326 — Enforcement

Delaware § 326

Title13

Ch. 3HUSBAND AND WIFE; CONTRACTS AND PROPERTY RIGHTS

Subch.Premarital Agreements

This text of Delaware § 326 (Enforcement) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 13, § 326 (2026).

Text

(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.