What is a contract and does it have to drafted or reviewed by an attorney to be legally binding?

A contract is an agreement entered into between two (or more) parties with the intention of creating legally binding obligations as recognised by the law.

For a contract to be binding, it does not have to be in writing. An oral or verbal agreement is equally binding. The problem with verbal agreements is that the parties do not have proof of the terms of the contract.

An attorney does not have to draft or review a contract for it to be legally binding. However, if a person drafts his own contract without the assistance of an attorney, he has no assurance that it will be legally binding if a dispute arises. Therefore, it is not wise or good business practice for parties to draft their own contracts without the assistance of an attorney.

I need to legally separate from my wife/husband, how do I do this?

In the past, the courts had the power to order what was then called a judicial separation. However, since the coming into operation of section 14 of the Divorce Act, this competency of the court was abolished. Couples who are married and who wish to separate and regulate their continuing proprietary relationship will have to enter into what is now called an extra-judicial agreement.

The main issue of the agreement will be that they will live apart but remain married to each other. If the parties share a home, they should agree who will live in it. If they have children, then they should agree on the parental responsibilities and right as well as the maintenance of the children. They should also agree on spousal maintenance if applicable. If they have debts then they should agree on which party will pay which of the debts.

This agreement will only operate between themselves and will not bind third parties, like creditors. For example, if the parties agree that H will pay the bond on the house and H fails to pay, the bank can still claim the payment from W. Despite this agreement, the parties may still institute divorce proceedings.

Ismail Mohammed Experience you need. Results you want