More details to this question:
I am vegan. My fiancee was not. I agreed to marry him with the understanding that he would become and remain vegan. He's eaten meat since this agreement. He is willing to sign over his $200k 401k account if he fails again (Immediately, not as a prenup which wouldn't be effective until we were married next year). He is willing to sign a contract agreeing to this and have it notarized. What type of contract would this be and what wording would be necessary to make it legally binding? This is a way for him to put his money where his mouth is as I am making major life decisions based on this.
1 ANSWER
This would be a contract. However for a contract to be valid, there has to be an offer. One of the parties made a promise to do or refrain from doing some specified action in the future.(ie. He offers never to eat meat again.) There needs to be consideration. Consideration is something of value was promised in exchange for the specified action or nonaction. Consideration is what makes the difference between a gift and a promise. Also there needs to be acceptance. The offer must be clearly accepted. Finally, there must be mutuality or a meeting of the minds regarding the Agreement. If this is something you would still like to engage in, please feel free to contact me and I would be interested in assisting in drafting your contract.
Answered on Oct 19th, 2017 at 11:26 AM
Information provided doesn't create an attorney/client privilege nor constitute an offer of services and is only general responses to hypotheticals