2012 Delaware Code
Title 13 - Domestic Relations
CHAPTER 3. HUSBAND AND WIFE; CONTRACTS AND PROPERTY RIGHTS
Subchapter II. Premarital Agreements
§ 326. Enforcement.
(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.
70 Del. Laws, c. 462, § 2.;
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