Q: Is a signed handwritten contract between spouses legally binding.
My husband an I write out a contract stating that if one of us cheated then the cheater has to give the other spouse all assets, property and 1 million dallors, we both know what it says and agreed to the terms and conditions and both put our signature on it, will this hold up in court?
A: I'd need to know more, but likely not. What a strange thing to do- you should marry someone you trust. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
A: It would not hold up in court. California a no-fault divorce state, and you cannot modify that by contract. You cannot have a penalty clause for a person engaging in constitutionally protected behavior.
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