Delaware Code Title 13 Sec. 323 – Content
(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.
Terms Used In Delaware Code Title 13 Sec. 323
- Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
- Contract: A legal written agreement that becomes binding when signed.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- 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
- Statute: A law passed by a legislature.
(b) The right of a child to support may not be adversely affected by a premarital agreement.