A handwritten contract can be legally binding if it meets the essential elements of a contract and fulfills all legal requirements. Written contracts are generally preferred for their clarity.
Key Elements of a Handwritten Contract
Ideally, a handwritten contract should include:
- The date
- The names of the parties involved
- The terms of the agreement
- The signatures of both parties
There are some situations where a handwritten contract might not hold up in court – if the contract wasn’t written in good faith or if one of the parties didn’t have the legal capacity to enter into the agreement.
Some types of contracts are required to be in writing to be enforceable under the law – for example, contracts for the sale of goods over a certain amount. It’s always wise to ensure that all necessary formalities are met when creating any legal document.
Handwritten agreements hold up in court under certain conditions. A signed contract may be enforceable if signed by authorized representatives. Handwritten contracts can be printed or cursive. Consider using a third party notary instead of a close friend or family member. In California, notarization is not required if both signers live there.
When is a Handwritten Contract Useful?
For simple agreements like IOUs. Even if the law requires written contracts, handwritten ones are still binding.
Breach of Contract and Custody Agreements
What if your ex violates a custody agreement? Try resolving issues first. If your ex’s behavior threatens your child’s interests, contact your lawyer immediately.
Consult legal professionals when entering into any agreement or contract to ensure your interests are protected.