Delaware Code Title 13 Sec. 328 – 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.
Terms Used In Delaware Code Title 13 Sec. 328
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- 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
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.