Will a domestic contract hold up in court?
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Will a domestic contract hold up in court?
I just found out that my (ex) boyfriend is cheating on me. So to get him back I have been charging purchases to his card without his permission. The last time we had a situation he wrote up and signed a contract that says that if he were to ever hurt me again that I am entitled to 75% of his finances. I just want to make sure that if he tries to take me to court that I will be covered. We were together for 4 years and he owes me a lot. Is this contract viable?
Asked on September 16, 2011 under Bankruptcy Law, Pennsylvania
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Whether or not the contract that was written up between you and your boyfriend is enforceable remains to be seen by the trier of any lawsuit that may arise out of it. The concern that I see is that there does not seem to be anything of value given for the promise that your boyfriend made that if he ever hurt you that you are entitled to seventy-five percent (75%) of his finances.
Meaning, what consideration was given for this supposed agreement by you? To me, the agreement that you write about seems illusory, meaning having no legal substance. It sounds like an unreasonable penalty in violation of public policy concerning the seventy-five percent (75%) penalty as well as being vague.
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