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DE HB410

Bill

Status

Passed

7/23/2010

Primary Sponsor

Edward Bennett

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Origin

House of Representatives

145th General Assembly

AI Summary

  • Permits parties to a divorce or annulment proceeding to take actions affecting property disposition upon death, provided they give written notice to the other party including descriptions of affected property and contact information for administrators.

  • Makes actions affecting property disposition upon death voidable at the court's discretion if taken before final decree entry, unless parties agree otherwise in writing.

  • Creates rebuttable presumptions for property disposition after one party's death: surviving spouse's interests are superior for marital property, while third-party interests are superior for non-marital property.

  • Clarifies that the automatic preliminary injunction becomes effective against the respondent upon service of petition, entry of appearance, filing of responsive pleading, or written acknowledgment by the respondent or their attorney.

  • Modifies restraining order provisions to allow parties to notify each other of proposed extraordinary expenditures and account to the court for such expenditures made after the order is issued.

Legislative Description

An Act To Amend Title 13 Of The Delaware Code Relating To Divorce And Annulment.

Last Action

Signed by Governor

7/23/2010

Committee Referrals

Judiciary6/10/2010
Judiciary5/13/2010

Full Bill Text

No bill text available