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Delaware · Through 2026-08-10 (85 Del. Laws, c. 421, 424) · Newer source version available

13 Del. C. § 323: Content.

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Where this section sits in the code
  1. Title 13. Domestic Relations
  2. CHAPTER 3. Husband and Wife; Contracts and Property Rights
  3. Subchapter II. Premarital Agreements

(a) Parties to a premarital agreement may contract with respect to:

(1) The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;

(2) The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;

(3) The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;

(4) The modification or elimination of spousal support or alimony;

(5) The making of a will, trust, or other arrangement to carry out the provisions of the agreement;

(6) The ownership rights in and disposition of the death benefit from a life insurance policy;

(7) The choice of law governing the construction of the agreement; and

(8) Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.

(b) The right of a child to support may not be adversely affected by a premarital agreement.

Collected 2026-09-05T23:02:16Z. Source file · JSON

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