Domestic Agreement

All three are considered national contracts and must be concluded, signed and attested in writing to be enforceable. In general, there are three types of home contracts that couples can use to describe certain conditions of the relationship. Couples can enter into agreements based on marital wealth, who is responsible for what debt, and how different assets might be distributed at the end of the relationship. The Court of Appeal decided that their appeal should fail. Two members of the court focused their decision on the absence of any consideration from the wife. Lord Atkin stressed, however, that even if there were a quid pro quo, such national agreements would clearly not be considered legally binding by the parties. He used the example of the husband who agrees to make money available to his wife in exchange for her “household and children`s sustenance.” If it is a contract, each could sue the other for non-compliance with the promised commitment. The woman had the opportunity to enter into a contract and she had not done so. While there is no imperative requirement that you and your spouse appoint a lawyer, it is in your best interest to seek independent legal advice before signing a national contract. Independent legal advice means that you and your spouse each hire a different lawyer to advise you on the terms of the agreement. Your lawyer will check the terms of the agreement with you, make sure you fully understand the consequences of signing the contract, and advise you if the agreement is in your best interest.