Legal Question in Family Law in Indiana
two party contracts
I would like to know how to enter into a contract with my husband while we're married. This contract needs to state that in the event we dissolve our marriage how our property will be divided.
1 Answer from Attorneys
Contarct between a husband and wife
One of the requirements to support a valid contract is something called "consideration." Consideration is something of value given in return for a promise. Prior to the marriage the consideration is the the marriage itself. Since neither party can be compelled to marry the other, a contract is said to be supported by consideration. Within limitations, such a contract may be enforcible in Indiana. However, it has been held on numerous occasions by the appellate court in Indiana that a contract made during a marriage by the parties is not enforcible as it is not supported by consideration. Sorry but its too late to enter into such an agreement.