(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;
Notes of Decisions
Sherman v. Ellis, Esquire (Del. Super. Ct. 2020).
· cites it 4× “15 See 13 Del. C. § 326. 16 Mr. Ellis also filed a motion in limine to exclude Mr.”
Sherman v. Ellis (Del. 2021).
· cites it 3× “9 13 Del C. § 326(a)(2) (emphasis added). 4 The Family Court found that Ms.”
Sherman v. Ellis (Del. 2021).
· cites it 3× “9 13 Del C. § 326(a)(2) (emphasis added). 4 The Family Court found that Ms.”
Nataliya v. Wolhar v. Carolyn Wolhar, of the Est. of Kenneth R. Wolhar (Del. Ch. 2018).
· cites it 2× “§ 905 through her execution of the pre- and post-nuptial agreements. Since Family Court has extensive experience in determining the enforceability of pre-nuptial agreements, I look to that Court’s decisions for guidance on the interpretation of the statutory provision governing…”
Silverman v. Silverman (Del. 2019).
“The parties have accepted the Family Court’s ruling that Wife voluntarily entered into the premarital agreement.”
— 13 Del. C. § 326(a)(2) — 3 cases
Sherman v. Ellis (Del. 2021).
“9 13 Del C. § 326(a)(2) (emphasis added). 4 The Family Court found that Ms.”
Sherman v. Ellis (Del. 2021).
“9 13 Del C. § 326(a)(2) (emphasis added). 4 The Family Court found that Ms.”
Sherman v. Ellis, Esquire (Del. Super. Ct. 2020).
“15 See 13 Del. C. § 326. 16 Mr. Ellis also filed a motion in limine to exclude Mr.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.