Delaware follows the established principle that, when a contract is interpreted, a court cannot, in fact, rewrite it or provide exuberant provisions. Conner v. Phoenix Steel Corp., Del.Supr., 249 A.2d 866 (1969) (Retirement Plan). Compliance. In re International Re-Insurance Corp., Del.Ch., 86 A.2d 647 (1952) (insurance contract). In the context of family law, Delaware courts have refused to rewrite marriage contracts. Harry M.P. v. Nina M.P., Del.Supr., 437 A.2d 158 (1981); Wife, B.T.L. v. Husband, H.A.L., Del.Ch., 287 A.2d 413 (1972), aff`d, Del.Supr., 336 A.2d 216 (1975).
In interpreting a contract, a court will interpret the treaty as a whole and give the terms of the treaty their clear and ordinary meaning. Pines Plaza Bowling, Inc. v. Rossview, Inc., 394 Pa. 124, 145 A.2d 672, 676 (1958) (contract for the lease of shopping centres). Compliance. City of Augusta v. Quirion, Me.Supr., 436 A.2d 388, 392 (1981) (paving contract); Southern New England Contracting Co. v.
After a hearing and the submission of memoranda of understanding, the Family Court terminated maintenance with retroactive effect to 15 April 1982. Quisenberry v. Quisenberry, Del.Fam.Ct., 449 A.2d 274, 277 (1982). In its decision, the Family Court defined “cohabitation” as a relationship that exists when two persons of the other sex live together with some degree of continuity, as if they were husband and wife. 276.  Accordingly, the Court of Justice applied paragraph 7 of the provision and terminated the husband`s maintenance obligation on 15 April 1982. It was for this order that the woman appealed. Unmarried couples who live together have the opportunity to establish a set of legal documents (often referred to as “concubinate agreements”) that can help protect their rights as a couple while protecting their individual interests and property. Since unmarried couples who live together may one day separate, especially outside of the legal ties and social institutions of marriage, it is helpful to proactively plan to avoid future conflicts. This subsection contains information about when you may need a concubine agreement, what it can do for you, the different ways to design them, and related issues, such as wills and permanent powers. The legal conditions of a cohabitation contract in force are similar to the conditions applicable to any valid contract.