Delaware Code
13 Del. C. § 328 (2026)
Limitation of actions
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Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the time that the parties to the agreement are married. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party.
70 Del. Laws, c. 462, § 2;Notes of Decisions
Cited in 1
case (1 in the last 5 years), 2022–2022 · leading case: In the Matter of the Est. of Lawrence M. Sullivan, Sr., No. 2020-0318-SEM (Del. Ch. Oct. 31, 2022).
In the Matter of the Est. of Lawrence M. Sullivan, Sr., No. 2020-0318-SEM (Del. Ch. Oct. 31, 2022). “47 Therein, the Court recognized “significant, material elements of the reformation claims involve[d] oral 45 13 Del. C. § 328. The need for this provision was explained in comments to the UPAA, Section 8: “In order to avoid the potentially disruptive effect of compelling…”
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