reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 1. MARRIAGE › Subchapter I. General Provisions › § 109. Licenses issued by the clerk of the peace.

§ 109. Licenses issued by the clerk of the peace.
The several clerks of the peace of the various counties or their deputies, also known as the Marriage Bureau, shall issue all marriage licenses and shall sign them and affix the county seal thereto.
27 Del. Laws, c. 261, §  4;  Code 1915, §  2995;  32 Del. Laws, c. 182, §  1;  34 Del. Laws, c. 195, §  1;  Code 1935, §  3488;  13 Del. C. 1953, §  109;  54 Del. Laws, c. 126, §  3;  77 Del. Laws, c. 100, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 1. MARRIAGE › Subchapter I. General Provisions › § 110. Limitations on issuance of license.

§ 110. Limitations on issuance of license.
No marriage license shall be issued by a clerk of the peace when either of the parties applying for license to marry, at the time of making the application, is under the influence of intoxicating liquor or a narcotic drug or if papers that are required by this chapter are not delivered or if the issuing officer believes there is any legal impediment, as defined in this chapter, to the marriage of such parties.
27 Del. Laws, c. 261, §  4;  Code 1915, §  2995;  32 Del. Laws, c. 182, §  1;  34 Del. Laws, c. 195, §  1;  Code 1935, §  3488;  13 Del. C. 1953, §  110;  54 Del. Laws, c. 126, §  4;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 1. MARRIAGE › Subchapter I. General Provisions › § 111. Establishing validity of papers submitted by applicants; filing and inspection.

§ 111. Establishing validity of papers submitted by applicants; filing and inspection.
Clerks of the peace shall examine and satisfy themselves of the validity of papers submitted to them by divorced persons, past or present patients of Delaware Psychiatric Center or other designated psychiatric treatment facilities as defined in § 5001 of Title 16, and persons on probation or parole and shall file such papers in the office of the recorder of the appropriate county. Such papers shall constitute a part of the application for marriage license, but shall be open to inspection of the public only upon order of the Resident Judge of the proper county or such person as the Judge may appoint to give such orders.
27 Del. Laws, c. 261, §  4;  Code 1915, §  2995;  32 Del. Laws, c. 182, §  1;  34 Del. Laws, c. 195, §  1;  Code 1935, §  3488;  13 Del. C. 1953, §  111;  81 Del. Laws, c. 235, § 1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 1. MARRIAGE › Subchapter I. General Provisions › § 112. Violations by clerk of the peace; penalties.

§ 112. Violations by clerk of the peace; penalties.
Any clerk of the peace or deputy of such who knowingly or wilfully acts in violation of this chapter shall be fined $100, and in default of payment of such fine shall be imprisoned not more than 30 days.
27 Del. Laws, c. 261, §  4;  Code 1915, §  2995;  32 Del. Laws, c. 182, §  1;  34 Del. Laws, c. 195, §  1;  Code 1935, §  3488;  13 Del. C. 1953, §  112;  54 Del. Laws, c. 126, §  5;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 1. MARRIAGE › Subchapter I. General Provisions › § 113. Supplies of marriage licenses, books and other forms; form.

§ 113. Supplies of marriage licenses, books and other forms; form.
(a) Marriage licenses, and other forms and books used in connection with the issuance of marriage licenses shall be furnished by the Department of Health and Social Services on request of the clerks of the peace.
(b) Judges shall supply certificates in whatever form they see fit to such divorced persons as they believe should receive them under this chapter.
(c) Superintendents of asylums for the insane shall supply certificates in whatever form they see fit to such persons as they believe should receive them under this chapter.
(d) In the case of an adult person who is on probation or parole from any court or institution, the chief officer of such court or institution, or such person as such officer may appoint to give consent to marry, shall supply such consent in whatever form such officer deems advisable to such applicants for marriage license as such officer believes may properly marry.
(e) Marriage licenses, books and forms shall be as prescribed by the Department of Health and Social Services or in this chapter. Each page of the Marriage Record Books for the use of clerks of the peace shall be numbered serially before delivery to the clerks of the peace.
27 Del. Laws, c. 261, §  4;  Code 1915, §  2995;  32 Del. Laws, c. 182, §  1;  34 Del. Laws, c. 195, §  1;  Code 1935, §  3488;  13 Del. C. 1953, §  113;  54 Del. Laws, c. 126, §  6;  70 Del. Laws, c. 149, §§  9, 10;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 1. MARRIAGE › Subchapter I. General Provisions › § 114. Retention of marriage license by celebrant.

§ 114. Retention of marriage license by celebrant.
The person performing the marriage ceremony shall retain the original or a copy of the marriage license, as the Department of Health and Social Services shall direct, for not less than 1 year after the ceremony.
27 Del. Laws, c. 261, §  4;  Code 1915, §  2995;  32 Del. Laws, c. 182, §  1;  34 Del. Laws, c. 195, §  1;  Code 1935, §  3488;  13 Del. C. 1953, §  114;  54 Del. Laws, c. 126, §  7;  70 Del. Laws, c. 149, §  11;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 1. MARRIAGE › Subchapter I. General Provisions › § 115. Forms for marriage license; certificates of marriage.

§ 115. Forms for marriage license; certificates of marriage.
(a) The Department of Health and Social Services shall prescribe a marriage license form which shall be issued by the several clerks of the peace and such other forms, books, dockets and records as may be necessary to properly record marriages and the issuance of marriage licenses. The marriage license shall contain language authorizing any minister of the gospel or other person authorized by the law of the State to solemnize marriage and shall show:
The earliest and latest time the marriage may be performed pursuant to the license, the place of issuance of the license, the names of the parties, the signature of the issuing authority and such other wording as the Department of Health and Social Services may prescribe. The license shall also contain a form of certification by the person performing the ceremony that the ceremony was performed and the date and time of the ceremony.
(b) The Department of Health and Social Services shall furnish to all persons authorized by law to solemnize marriages a suitable form for evidencing the marriage and the date and the place thereof, which form shall be completed and delivered without charge to the bride by the celebrant immediately after the ceremony. Such form may, but need not, be the original or a copy of the marriage license.
27 Del. Laws, c. 261, §  5;  Code 1915, §  2996;  32 Del. Laws, c. 182, §  1;  38 Del. Laws, c. 161, §  1;  Code 1935, §  3489;  13 Del. C. 1953, §  115;  54 Del. Laws, c. 126, §  8;  70 Del. Laws, c. 149, §  12;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 1. MARRIAGE › Subchapter I. General Provisions › § 116. Duties of officer issuing marriage license.

§ 116. Duties of officer issuing marriage license.
(a) The number on the marriage license shall be filled in by the issuing officer unless it has been previously affixed and shall be the same number as that appearing on the application. The issuing officer shall immediately note the issuance of a license in the appropriate Marriage Record Book prescribed by the Department of Health and Social Services.
(b) The officer issuing the license shall fill in all the blanks provided on the license. The place and precise time of issue and the earliest and latest time when the holders of the license may marry shall be shown and the issuing officer shall sign the marriage license.
(c) If any clerk of the peace fails to perform the duties required by this section, such clerk shall be fined $100.
27 Del. Laws, c. 84, §  15;  27 Del. Laws, c. 261, §§  5, 6;  Code 1915, §§  2996, 2997;  32 Del. Laws, c. 182, §  1;  34 Del. Laws, c. 195, §  2;  38 Del. Laws, c. 161, §  1;  Code 1935, §§  3489, 3490;  13 Del. C. 1953, §  116;  54 Del. Laws, c. 126, §  9;  70 Del. Laws, c. 149, §  13;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 1. MARRIAGE › Subchapter I. General Provisions › § 117. Forms to be sent to clerk of the peace; duties of the clerk.

§ 117. Forms to be sent to clerk of the peace; duties of the clerk.
(a) The person performing the marriage shall, within 4 days after the ceremony, return to the issuing clerk of the peace such forms and papers as the Department of Health and Social Services may prescribe.
(b) The clerk of the peace shall immediately enter in the Marriage Record Book, as prescribed by the Department of Health and Social Services, the date of the marriage and the name of the person performing the ceremony.
27 Del. Laws, c. 261, §  5;  Code 1915, §  2996;  32 Del. Laws, c. 182, §  1;  38 Del. Laws, c. 161, §  1;  Code 1935, §  3489;  13 Del. C. 1953, §  117;  54 Del. Laws, c. 126, §  10;  70 Del. Laws, c. 149, §  14;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 1. MARRIAGE › Subchapter I. General Provisions › § 118. Failure to return certificate of marriage to clerk of the peace for recording; penalty.

§ 118. Failure to return certificate of marriage to clerk of the peace for recording; penalty.
(a) Any person officiating a marriage in this State who fails to return the certificate of marriage to the issuing clerk of the peace for recording within 15 days of the marriage ceremony shall be assessed a $50 late fee by the issuing clerk of the peace.
(b) Any person with an unpaid civil penalty assessed by a clerk of the peace shall have that person's authorization to solemnize marriages in the State suspended until such penalty is paid in full.
27 Del. Laws, c. 261, §  5;  Code 1915, §  2996;  32 Del. Laws, c. 182, §  1;  38 Del. Laws, c. 161, §  1;  Code 1935, §  3489;  13 Del. C. 1953, §  118;  54 Del. Laws, c. 126, §  11;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 140, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 1. MARRIAGE › Subchapter I. General Provisions › § 119. Public records; evidence.

§ 119. Public records; evidence.
Such marriage forms and records as may be prescribed by the Department of Health and Social Services shall be kept by the issuing officer in the issuing officer's office. They shall be public records open for the inspection of the public after 50 years, in accordance with § 3110 of Title 16, and shall be admitted as evidence of the facts therein contained in any court of record.
27 Del. Laws, c. 261, §  5;  Code 1915, §  2996;  32 Del. Laws, c. 182, §  1;  38 Del. Laws, c. 161, §  1;  Code 1935, §  3489;  13 Del. C. 1953, §  119;  54 Del. Laws, c. 126, §  12;  70 Del. Laws, c. 149, §  15;  70 Del. Laws, c. 186, §  1;  82 Del. Laws, c. 74, § 1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 1. MARRIAGE › Subchapter I. General Provisions › § 120. Marriage license application; appearance of parties; exception.

§ 120. Marriage license application; appearance of parties; exception.
Before any marriage license shall be issued by the issuing officer, the parties desiring to marry shall together appear before such officer to be examined upon oath or affirmation in the presence and hearing of each other according to the form prescribed in § 122 of this title to which the parties applying for the license shall subscribe their names. The license shall be issued only after it has been made to appear that no legal impediment to the proposed marriage exists. In the case of critical illness of 1 of the parties desiring to marry, the physician attending such party may appear for the ill party and make an application for a marriage license for such party, if such physician first makes an affidavit and delivers it to the issuing officer stating that in the opinion of said physician the party for whom said physician is acting is at the point of death and that this person may lawfully marry. The application for the marriage license shall be altered in such case to show that said physician acted as proxy and the affidavit of the physician shall be filed with the application.
27 Del. Laws, c. 84, §  15;  27 Del. Laws, c. 261, §  6;  Code 1915, §  2997;  32 Del. Laws, c. 182, §  1;  34 Del. Laws, c. 195, §  2;  Code 1935, §  3490;  13 Del. C. 1953, §  120;  54 Del. Laws, c. 126, §  13;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 1. MARRIAGE › Subchapter I. General Provisions › § 121. Identification of applicants not known to issuing officer as residents of State.

§ 121. Identification of applicants not known to issuing officer as residents of State.
In the case of applicants for a marriage license who claim to be residents of the State, if neither of them is personally known to the marriage license issuing officer as a resident of the State, at least 1 of such applicants must be identified as a resident of the State to the satisfaction of the issuing officer by a reputable guarantor, who under oath shall fill in the proper portion on the page in the Marriage Record Books and shall duly sign it.
27 Del. Laws, c. 84, §  15;  27 Del. Laws, c. 261, §  6;  Code 1915, §  2997;  32 Del. Laws, c. 182, §  1;  34 Del. Laws, c. 195, §  2;  Code 1935, §  3490;  13 Del. C. 1953, §  121;  63 Del. Laws, c. 21, §  4;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 48, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 1. MARRIAGE › Subchapter I. General Provisions › § 122. Marriage license application.

§ 122. Marriage license application.
(a) The marriage license application shall be in the form prescribed and provided by the Department of Health and Social Services and shall be permanently preserved by the issuing officer in the manner as prescribed by the Department of Health and Social Services. The marriage license application shall include the following information and such other information as prescribed by the Department of Health and Social Services:
date of application, full name, sex, Social Security number, birth date and occupation of applicants, names and addresses of parents of applicants, date and place of previous marriages, civil unions, domestic partnerships or other substantially similar legal unions, and termination of previous marriages, civil unions, domestic partnerships or other substantially similar legal unions, place and court where applicants are on probation or parole, if such they be, and time of application.
(b) The application shall contain a certification by each applicant that each applicant is not of a prohibited degree of relationship.
(c) The applicants and issuing officer shall sign the application and the issuing officer shall certify as follows:
“I believe neither party is now under the influence of intoxicating liquor nor a narcotic drug. I have demanded and examined such papers as are required by law and I am satisfied that they are properly executed. I know of no legal impediment to the proposed marriage of the above applicants.”
The application shall also contain an appropriate affidavit form to be signed by persons certifying that an applicant is a resident of the State, if such certification is required.
27 Del. Laws, c. 84, §  15;  27 Del. Laws, c. 261, §  6;  Code 1915, §  2997;  32 Del. Laws, c. 182, §  1;  34 Del. Laws, c. 195, §  2;  Code 1935, §  3490;  13 Del. C. 1953, §  122;  54 Del. Laws, c. 126, §  14;  70 Del. Laws, c. 149, §  16;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 216, §  58;  76 Del. Laws, c. 48, §  3;  79 Del. Laws, c. 19, §  3;  82 Del. Laws, c. 288, § 1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 1. MARRIAGE › Subchapter I. General Provisions › § 123. Marriage of minors; consent forms.

§ 123. Marriage of minors; consent forms.
(a) No individual under the age of 18 shall be granted a marriage license.
(b)-(f) [Repealed.]
27 Del. Laws, c. 261, §  7;  Code 1915, §  2998;  32 Del. Laws, c. 182, §  1;  Code 1935, §  3491;  45 Del. Laws, c. 241, §  28;  13 Del. C. 1953, §  123;  54 Del. Laws, c. 126, §  15;  55 Del. Laws, c. 102;  57 Del. Laws, c. 134, §§  1, 2;  58 Del. Laws, c. 511, §§  20, 21;  61 Del. Laws, c. 114, §  1;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 35, §§  2-6;  81 Del. Laws, c. 235, § 2;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 1. MARRIAGE › Subchapter I. General Provisions › § 124. Administration of oaths.

§ 124. Administration of oaths.
Every person authorized by this chapter to issue licenses may administer oaths or affirmations to the parties applying for the license.
27 Del. Laws, c. 261, §  8;  Code 1915, §  2999;  32 Del. Laws, c. 182, §  1;  Code 1935, §  3492;  13 Del. C. 1953, §  124;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 1. MARRIAGE › Subchapter I. General Provisions › § 125. Validity of marriages performed prior to March 20, 1913.

§ 125. Validity of marriages performed prior to March 20, 1913.
All marriages performed prior to March 20, 1913, by a minister of any religion, even though not a stated and ordained minister of the gospel, if otherwise valid, shall be as valid as if the same had been performed by a stated and ordained minister of the gospel.
27 Del. Laws, c. 261, §  10;  Code 1915, §  3001;  Code 1935, §  3494;  13 Del. C. 1953, §  125;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 1. MARRIAGE › Subchapter I. General Provisions › § 126. Validity of common-law or other lawful marriages.

§ 126. Validity of common-law or other lawful marriages.
Nothing in this chapter shall be construed to render any common-law or other marriage, otherwise lawful, invalid by reason of the failure to take out a license as provided by this chapter.
27 Del. Laws, c. 261, §  9;  Code 1915, §  3000;  32 Del. Laws, c. 182, §  1;  Code 1935, §  3493;  13 Del. C. 1953, §  126;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 1. MARRIAGE › Subchapter I. General Provisions › § 127. False statement; penalty.

§ 127. False statement; penalty.
If any person applying for a license under this chapter knowingly makes false answers to any of the inquiries of the person issuing the license, after having been sworn or affirmed to answer truly, said person shall be guilty of perjury, and if any person executing papers under this chapter executes them falsely, said person shall be subject to such penalties as the court may impose.
27 Del. Laws, c. 261, §  8;  Code 1915, §  2999;  32 Del. Laws, c. 182, §  1;  Code 1935, §  3492;  13 Del. C. 1953, §  127;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 1. MARRIAGE › Subchapter I. General Provisions › § 128. Performance of marriage ceremony in violation of chapter; false certificate of marriage; penalties.

§ 128. Performance of marriage ceremony in violation of chapter; false certificate of marriage; penalties.
Any person or religious society having authority to solemnize marriages who performs a marriage ceremony without the presentation of a license issued pursuant to this chapter, or who performs the same prior to the expiration of 24 hours from the time of the issuance of the license or more than 30 days after the time of the issuance of the license, shall be imprisoned not more than 6 months or fined not more than $500, or both. Any person or religious society having authority to solemnize marriages who shall make any false certificate of marriage shall be fined $100.
27 Del. Laws, c. 261, §  9;  Code 1915, §  3000;  32 Del. Laws, c. 182, §  1;  Code 1935, §  3493;  13 Del. C. 1953, §  128;  54 Del. Laws, c. 126, §  16;  76 Del. Laws, c. 63, §  2;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 1. MARRIAGE › Subchapter II. Premarital Physical Examination › § 141-151. Physician's certificate of premarital physical examination and serological test; filing; consent to examinations and tests; free examination; laboratory test and report; serological test; approved laboratory; duty of State Board of Health; laboratory report form; distribution and inspection; examinations and tests outside State; military personnel; waiver of examination and test; proceedings; certificates, laboratory reports, applications and court orders should be confidential; penalty; misrepresentations and other offenses; penalty; construction of subchapter; conflict with other laws.

§§ 141-151. Physician's certificate of premarital physical examination and serological test; filing; consent to examinations and tests; free examination; laboratory test and report; serological test; approved laboratory; duty of State Board of Health; laboratory report form; distribution and inspection; examinations and tests outside State; military personnel; waiver of examination and test; proceedings; certificates, laboratory reports, applications and court orders should be confidential; penalty; misrepresentations and other offenses; penalty; construction of subchapter; conflict with other laws.
Repealed by 63 Del. Laws, c. 457, § 1, effective July 23, 1982.
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 2. CIVIL UNIONS › § 201. Definitions.

§ 201. Definitions.
As used in this chapter, unless the context otherwise requires:
(1) “Civil union” means a legal union between 2 individuals of the same sex established pursuant to this chapter.
(2) “Party” or “party to a civil union” means an individual who is a party to a civil union established pursuant to this chapter.
78 Del. Laws, c. 22, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 2. CIVIL UNIONS › § 202. Eligibility to enter into a civil union.

§ 202. Eligibility to enter into a civil union.
Persons shall be eligible to enter into a civil union only if such persons both are:
(1) Not:
a. A party to a civil union with a different person;
b. A spouse in a marriage that is recognized as a marriage under Chapter 1 of this title; or
c. A party to a substantially similar legal relationship as a civil union such as, but not limited to, a domestic partnership, with a different person;
(2) At least 18 years of age;
(3) Of the same sex; and
(4) Not related to the other proposed party to the civil union, as provided in § 203 of this title.
78 Del. Laws, c. 22, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 2. CIVIL UNIONS › § 203. Civil unions void; when.

§ 203. Civil unions void; when.
(a) A civil union is prohibited and void between a person and that person's ancestor, descendant, brother, sister, half-brother, half-sister, uncle, aunt, niece, nephew or first cousin.
(b) A civil union is prohibited, and is void from the time its nullity is declared by a Court of competent jurisdiction at the instance of the innocent party, if either party thereto is:
(1) Divorced, unless a certified copy of the divorce decree (last decree if such person has been divorced more than once) or a certificate of such divorce from the clerk of the Court granting the divorce is inspected by the clerk of the peace to whom such person makes application for a civil union license, and unless such person may in other respects lawfully enter into a civil union; and, if such decree or certificate cannot be obtained, the resident judge of the county where such license is desired or the person designated by the resident judge to grant such certificates as may be accepted under this paragraph (b)(1) may grant a certificate of the facts as stated by the applicant and the certificate may, for the purposes of this chapter, be accepted in lieu of a certified copy of a divorce decree; or
(2) On probation or parole from any Court or institution, unless such person first files with the clerk of the peace to whom such person makes application for a civil union license a written consent to such person's proposed civil union from the chief officer of such Court or institution or from someone who is appointed by such officer to give such consent, and unless in other respects the applicant may lawfully enter into a civil union.
(c) A civil union obtained or recognized outside the State between persons prohibited by subsection (a) of this section shall not constitute a legal or valid civil union within this State.
(d) The guilty party or parties to a civil union prohibited by this section shall be fined $100, and in default of the payment of the fine shall be imprisoned not more than 30 days. The Superior Court shall have exclusive original jurisdiction over all proceedings for violations of this section.
78 Del. Laws, c. 22, §  1;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 42, § 1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 2. CIVIL UNIONS › § 204. Status of children of civil unions.

§ 204. Status of children of civil unions.
The rights of parties to a civil union, with respect to a child of whom either party becomes the parent during the term of the civil union, shall be the same as the rights (including presumptions of parentage) of married spouses with respect to a child of whom either spouse becomes the parent during the marriage. Children of void or voidable civil unions shall be deemed to be legitimate. Notwithstanding anything to the contrary contained in, and in addition to any other rights afforded under, Chapter 31 of Title 16, if a party to a civil union is the legal parent of a child at the birth of the child, such party shall be entitled to have the party's own name entered on the original certificate of birth as a parent of the child.
78 Del. Laws, c. 22, §  1;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 42, § 1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 2. CIVIL UNIONS › § 206. Applicants for civil union; license required; limitations; violations by clerk of the peace; penalties.

§ 206. Applicants for civil union; license required; limitations; violations by clerk of the peace; penalties.
(a) No persons may be joined in a civil union in this State unless both parties to such civil union:
(1) Meet the requirements of § 202 of this title;
(2) Have complied with § 207 of this title; and
(3) Have been issued a license by a clerk of the peace at least 24 hours prior to the time of the ceremony.
(b) The Department of Health and Social Services shall prescribe a civil union license form.
(c) The several clerks of the peace of the various counties or their deputies, shall issue all civil union licenses and shall sign them and affix the county seal thereto. A civil union license, when issued by the clerk of the peace, is sufficient authority for any person authorized to perform a civil union solemnization in this State to join the parties in a civil union. A civil union license issued pursuant to this chapter shall entitle the parties thereto, subject to the other provisions of this chapter, to enter into a civil union within 30 days from the date of issuance. In the event the civil union is not solemnized within 30 days of the issuance of said license, said license shall be void and the parties must reapply to the appropriate issuing officer for another license to enter into a civil union. The procedure to secure another license shall be the same as that provided for the initial application.
(d) The clerk of the peace in each county for good cause being shown may:
(1) Shorten the time period specified in paragraph (a)(3) of this section; or
(2) Lengthen the time period specified in subsection (c) of this section not to exceed 180 days.
(e) No civil union license shall be issued by a clerk of the peace when either of the parties applying for a civil union license, at the time of making the application, is under the influence of intoxicating liquor or a narcotic drug or if papers that are required by this chapter are not delivered or if the issuing officer believes there is any legal impediment, as defined in this chapter, to the civil union of such parties.
(f) The number on the civil union license shall be filled in by the issuing clerk of the peace, unless it has been previously affixed and shall be the same number as that appearing on the application for such license. All blanks provided on the civil union license shall be filled in by the issuing clerk of the peace. The issuing clerk of the peace shall immediately note the issuance of a civil union license in the appropriate books prescribed by the Department of Health and Social Services.
(g) Any clerk of the peace or deputy of such who knowingly or wilfully acts in violation of this chapter shall be fined $100, and in default of payment of such fine, shall be imprisoned not more than 30 days. The Superior Court shall have exclusive original jurisdiction over all proceedings for violations of this section.
78 Del. Laws, c. 22, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 2. CIVIL UNIONS › § 208. Forms for civil union license; certification of civil union.

§ 208. Forms for civil union license; certification of civil union.
(a) The Department of Health and Social Services shall prescribe a civil union license form which shall be issued by the several clerks of the peace and such other forms, books, dockets and records as may be necessary to properly record civil unions and the issuance of civil union licenses. The civil union license shall contain language authorizing any clergy or other person authorized by the law of this State to solemnize a civil union and shall show:
The earliest and latest time the solemnization of the civil union may be performed pursuant to the license, the place of issuance of the license, the names of the parties, the signature of the issuing authority and such other wording as the Department of Health and Social Services may prescribe, but not to exceed information collected for a marriage license under Chapter 1 of this title except as required to confirm eligibility under § 202 of this title. The license shall also contain a form of certification by the person performing the solemnization ceremony that the solemnization ceremony was performed and the date and time of such solemnization ceremony.
(b) The Department of Health and Social Services shall furnish to all persons authorized by law to solemnize civil unions a suitable form for evidencing a civil union and the date and the place thereof, which form shall be completed and delivered without charge to one party to the civil union by the person performing the solemnization ceremony immediately after the solemnization ceremony. Such form may, but need not be, the original or a copy of the civil union license.
78 Del. Laws, c. 22, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 2. CIVIL UNIONS › § 209. Record of solemnization; reported by whom; affidavit; evidentiary weight of certificate or affidavit; supplies of civil union licenses, books, and other forms.

§ 209. Record of solemnization; reported by whom; affidavit; evidentiary weight of certificate or affidavit; supplies of civil union licenses, books, and other forms.
(a) The person who solemnizes a civil union shall, within 15 days after the solemnization of the civil union, return to the issuing clerk of the peace such forms and papers as the Department of Health and Social Services may prescribe. The clerk of the peace shall immediately enter in the books prescribed by the Department of Health and Social Services to record civil unions the date of the civil union solemnization and the name of the person performing the civil union solemnization.
(b) If any person who has solemnized a civil union fails to return the certificate of civil union to the issuing clerk of the peace for recording as required under subsection (a) of this section within 15 days of the solemnization of the civil union, the parties joined in the civil union may provide the clerk of the peace with a notarized affidavit attesting to the fact that they were joined in a civil union and stating the date and place of the solemnization of the civil union and the name of the person performing such solemnization. Upon the recording of that affidavit by the clerk of the peace, the civil union of the parties shall be deemed to be valid as of the date of the solemnization of the civil union stated in the affidavit.
(c) The certificate required by subsection (a) of this section or an affidavit recorded pursuant to subsection (b) of this section shall be prima facie evidence of the facts stated therein.
(d) Any person solemnizing a civil union in this State who fails to return the certificate of civil union to the issuing clerk of the peace for recording within 15 days of the solemnization of the civil union shall be assessed a $50 late fee by the issuing clerk of the peace. Any person with an unpaid civil penalty assessed by a clerk of the peace shall have that person's authorization to solemnize civil unions in the State suspended until such penalty is paid in full.
(e) The person performing the civil union ceremony shall retain the original or a copy of the civil union license, as the Department of Health and Social Services shall direct, for not less than 1 year after the ceremony.
(f) The books, forms and records as may be prescribed by the Department of Health and Social Services for civil unions shall be kept by the issuing clerk of the peace in the issuing clerk of the peace's office. They shall be public records open for the inspection of the public after 50 years, in accordance with § 3110 of Title 16, and shall be admitted as evidence of the facts therein contained in any court of record.
78 Del. Laws, c. 22, §  1;  82 Del. Laws, c. 74, § 2;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 2. CIVIL UNIONS › § 210. False statement; penalty.

§ 210. False statement; penalty.
If any person applying for a civil union license under this chapter knowingly makes false answers to any of the inquiries of the person issuing the license, after having been sworn or affirmed to answer truly, said person shall be guilty of perjury, and if any person executing papers under this chapter executes them falsely, said person shall be subject to such penalties as the Court may impose. The Superior Court shall have exclusive original jurisdiction over all proceedings for violations of this section.
78 Del. Laws, c. 22, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 2. CIVIL UNIONS › § 211. Performance of civil union solemnization in violation of chapter; false certificate of civil union; penalties.

§ 211. Performance of civil union solemnization in violation of chapter; false certificate of civil union; penalties.
Any person or religious society having authority to solemnize civil unions who performs a civil union solemnization without the presentation of a license issued pursuant to this chapter, or who performs the same prior to the expiration of 24 hours from the time of the issuance of the license or more than 30 days after the time of the issuance of the license, shall be imprisoned not more than 6 months or fined not more than $500, or both. Any person or religious society having authority to solemnize civil unions who shall make any false certificate of civil union shall be fined $100. The Superior Court shall have exclusive original jurisdiction over all proceedings for violations of this section.
78 Del. Laws, c. 22, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 2. CIVIL UNIONS › § 212. Rights, benefits, protections and responsibilities of parties to a civil union.

§ 212. Rights, benefits, protections and responsibilities of parties to a civil union.
(a) Parties to a civil union lawfully entered into or otherwise recognized pursuant to this chapter shall have all the same rights, protections and benefits, and shall be subject to the same responsibilities, obligations and duties under the laws of this State, whether derived from statutes, administrative rules or regulations, court rules, governmental policies, common law, court decisions, or any other provisions or sources of law, including in equity, as are granted to, enjoyed by or imposed upon married spouses.
(b) Former parties to a civil union lawfully entered into or otherwise recognized pursuant to this chapter shall have the same rights, protections and benefits, and shall be subject to the same responsibilities, obligations and duties under the laws of this State, whether derived from statutes, administrative rules or regulations, court rules, governmental policies, common law, court decisions, or any other provisions or sources of law, including in equity, as are granted to, enjoyed by or imposed upon former married spouses.
(c) A surviving party to a civil union lawfully entered into or otherwise recognized pursuant to this chapter, following the death of the other party to the civil union, shall have the same rights, protections and benefits, and shall be subject to the same responsibilities, obligations and duties under the laws of this State, whether derived from statutes, administrative rules or regulations, court rules, governmental policies, common law, court decisions, or any other provisions or sources of law, including in equity, as are granted to, enjoyed by or imposed upon a widow or widower.
(d) To the extent that provisions of the laws of this State, whether derived from statutes, administrative rules or regulations, court rules, governmental policies, common law, court decisions, or any other provisions or sources of law, including in equity, adopt, refer to, or rely upon in any manner, provisions of United States federal law that would have the effect of parties to a civil union being treated differently than married spouses, parties to a civil union shall be treated in all respects by the laws of this State as if United States federal law recognizes a civil union in the same manner as the laws of this State.
78 Del. Laws, c. 22, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 2. CIVIL UNIONS › § 214. Treatment of parties to a civil union for purposes of Delaware law.

§ 214. Treatment of parties to a civil union for purposes of Delaware law.
(a) A party to a civil union shall be included in any definition or use of the terms “dependent”, “family”, “husband and wife”, “immediate family”, “next of kin”, “spouse”, “stepparent”, “tenants by the entirety”, and other terms, whether or not gender-specific, that denote a spousal relationship or a person in a spousal relationship, as those terms are used throughout the Code, administrative rules or regulations, court rules, governmental policies, common law, court decisions, or any other provisions or sources of the laws of this State, including in equity.
(b) To the extent that another provision of this Code (other than Chapter 1 of this title) or other laws of this State (including, without limitation, administrative rules or regulations, court rules, governmental policies, common law, court decisions, or any other provisions or sources of law, including in equity) utilizes a term used in Chapter 1 of this title relating to marriage, references a section of Chapter 1 of this title, or references marital status, except to the extent otherwise set forth in this chapter, such term, section or other reference shall be deemed to also utilize, include or reference the applicable corresponding term, section or other reference relating to civil unions or civil union status as established in this chapter.
78 Del. Laws, c. 22, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 2. CIVIL UNIONS › § 215. Treatment of parties to a civil union for purposes of Chapter 1 of this title.

§ 215. Treatment of parties to a civil union for purposes of Chapter 1 of this title.
Notwithstanding Chapter 1 of this title, no person who has entered into a valid civil union pursuant to this chapter, or who has entered into a valid legal union in any other jurisdiction that is recognized as a civil union pursuant to this chapter, may be found in violation of any provision of Chapter 1 of this title.
78 Del. Laws, c. 22, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 2. CIVIL UNIONS › § 216. Dissolution of a civil union.

§ 216. Dissolution of a civil union.
A civil union entered into or otherwise recognized under this chapter may be dissolved in the same form and manner as marriages entered into or otherwise recognized under Chapter 1 of this title; provided, however, notwithstanding §§ 1504 and 1505(d) of this title, the Family Court of this State shall have, in addition to any other basis for jurisdiction it would otherwise have, jurisdiction over all proceedings for divorce and annulment of civil unions that are solemnized in this State under this chapter notwithstanding that the domicile or residency of the petitioner and the respondent are not in this State, if the jurisdiction of domicile or residency of the petitioner and/or the respondent does not by law affirmatively permit such a proceeding to be brought in the courts of that jurisdiction. All persons who enter into a civil union solemnized in this State consent to the nonexclusive jurisdiction of the Family Court for all proceedings for divorce and annulment of such civil union, even if 1 or both parties no longer reside in this State. If neither of the parties to a civil union solemnized in this State reside in this State, any petition for divorce or annulment of such civil union shall be filed in the county in which 1 or both of such parties last resided in this State.
78 Del. Laws, c. 22, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 2. CIVIL UNIONS › § 217. Rules of construction.

§ 217. Rules of construction.
(a) The rule of construction that statutes in derogation of the common law are to be strictly construed shall have no application to this chapter. This chapter shall be broadly construed to accomplish its intended purposes.
(b) The rule of construction that specific statutory provisions should prevail over general statutory provisions shall have no application to this chapter except to the extent that the provisions of this chapter are considered specific as opposed to general provisions.
78 Del. Laws, c. 22, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 3. HUSBAND AND WIFE; CONTRACTS AND PROPERTY RIGHTS › Subchapter I. Married Women › § 311. Rights of married women.

§ 311. Rights of married women.
The property of a married woman, whether real, personal or mixed, and choses in action which she has acquired in any manner, and all the income, rents and profits thereof, shall be deemed to be her sole and separate property. She may sell, convey, assign, transfer, devise, bequeath, encumber or otherwise dispose of the same and she may contract jointly (including with her husband) or separately, sue and be sued and exercise all other rights and powers, including the power to make a will, which a femme sole may do under the laws of this State. Nothing in this section shall be deemed to affect the right of the husband, if he survives his wife, as tenant by the curtesy in the real estate of his wife. Acknowledgments by married women of all instruments relating to or affecting real estate shall be taken as provided in Title 25.
Code 1852, §  1469;  12 Del. Laws, c. 572, §  1;  14 Del. Laws, c. 550, §§  4, 5;  15 Del. Laws, c. 165, §  5;  22 Del. Laws, c. 203, §  1;  Code 1915, §§  3047, 3050, 3052, 3055;  30 Del. Laws, c. 197, §  1;  Code 1935, §  3541;  13 Del. C. 1953, §  311;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 3. HUSBAND AND WIFE; CONTRACTS AND PROPERTY RIGHTS › Subchapter I. Married Women › § 312. Validation of certain acts completed prior to April 21, 1919.

§ 312. Validation of certain acts completed prior to April 21, 1919.
All sales or other disposition of real estate, mortgages, stocks or silver plate made by a married woman prior to April 21, 1919, and all encumbrances upon her real estate created by a married woman prior to that date, and any disposition of the rents, issues and profits thereof, and the interest upon her mortgages or dividends or other income arising from her stocks, made by a married woman prior to that date without her husband's consent, which are otherwise valid and lawful, shall not be invalid and unlawful because of the failure of such married woman to secure her husband's consent in writing thereto.
12 Del. Laws, c. 572, §  1;  Code 1915, §  3055;  30 Del. Laws, c. 197, §  1;  Code 1935, §  3542;  13 Del. C. 1953, §  312;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 3. HUSBAND AND WIFE; CONTRACTS AND PROPERTY RIGHTS › Subchapter I. Married Women › § 313. Married woman as executrix or administratrix; participation and liability of husband.

§ 313. Married woman as executrix or administratrix; participation and liability of husband.
Any executrix or administratrix, being a married woman, may act in such representative capacity as though she was a femme sole, and the fact of marriage shall not give her husband any right to participate in any manner in the management, direction and settlement of the estate of the deceased, nor shall he be liable for any act or default of hers as such executrix or administratrix, unless he is a party to her bond as such.
15 Del. Laws, c. 165, §  2;  Code 1915, §  3053;  Code 1935, §  3546;  13 Del. C. 1953, §  313;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 3. HUSBAND AND WIFE; CONTRACTS AND PROPERTY RIGHTS › Subchapter I. Married Women › § 314. Debts of married women; judgment.

§ 314. Debts of married women; judgment.
All debts contracted before marriage by the wife, or by her authority after marriage, shall be a charge on her real and personal property and a judgment therefor may be recovered against her in her name.
14 Del. Laws, c. 550, §  2;  Code 1915, §  3060;  Code 1935, §  3547;  13 Del. C. 1953, §  314;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 3. HUSBAND AND WIFE; CONTRACTS AND PROPERTY RIGHTS › Subchapter II. Premarital Agreements › § 321. Definitions.

§ 321. Definitions.
As used in this subchapter:
(1) “Premarital agreement” shall mean an agreement between prospective spouses made in contemplation of marriage, and which is effective upon marriage.
(2) “Property” shall mean an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.
70 Del. Laws, c. 462, §  2;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 3. HUSBAND AND WIFE; CONTRACTS AND PROPERTY RIGHTS › Subchapter II. Premarital Agreements › § 322. Formalities.

§ 322. Formalities.
A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration.
70 Del. Laws, c. 462, §  2;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 3. HUSBAND AND WIFE; CONTRACTS AND PROPERTY RIGHTS › Subchapter II. Premarital Agreements › § 323. Content.

§ 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.
(b) The right of a child to support may not be adversely affected by a premarital agreement.
70 Del. Laws, c. 462, §  2;