{"data":{"id":"us-de/13-del.-c.-326","jurisdiction":"us-de","citation":"13 Del. C. § 326","heading":"Enforcement.","body":"(a) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:\n(1) Such party did not execute the agreement voluntarily; or\n(2) The agreement was unconscionable when it was executed and, before execution of the agreement, that party:\na. Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;\nb. 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\nc. Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.\n(b) Any issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.","path":["Title 13. Domestic Relations","CHAPTER 3. Husband and Wife; Contracts and Property Rights","Subchapter II. Premarital Agreements"],"source_url":"https://delcode.delaware.gov/title13/c003/sc02/index.html#326","current_through":"2026-08-10 (85 Del. Laws, c. 421, 424)","vintage":"","retrieved_at":"2026-09-05T23:02:16Z","sha256":"1c11564f378dba0eb3eef68114ee1374c8094dff7ac30fec47352441467df4fb","source_id":"us-de","stale":true,"prev":"us-de/13-del.-c.-325","next":"us-de/13-del.-c.-327"},"notice":"GroundRules: Original legal text. Not legal advice."}