Delaware Code Title 13 Sec. 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.
Terms Used In Delaware Code Title 13 Sec. 326
- Premarital agreement: shall mean an agreement between prospective spouses made in contemplation of marriage, and which is effective upon marriage. See Delaware Code Title 13 Sec. 321
- Property: shall mean an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings. See Delaware Code Title 13 Sec. 321
(b) Any issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.