Supreme Court of Delaware

Silverman v. Silverman

February 28, 2019

Summary

The Supreme Court of Delaware held that a premarital agreement is not invalid merely because it is unconscionable; the challenging spouse must also prove the statutory disclosure, waiver, and knowledge conditions. The Court further held that Husband’s financial disclosure was fair and reasonable because the identified errors and omissions were immaterial to Wife’s overall understanding of his assets and obligations. The Family Court’s order was reversed and the matter was remanded for enforcement of the agreement.