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.


Asked on 5/07/98, 1:22 pm

1 Answer from Attorneys

Marvin Coffey Marvin E. Coffey Attorney at Law

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.

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Answered on 5/29/98, 7:04 pm


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