Mary and Sam have been married for 20 years. During the marriage both persons commit adultery and reconcile at different stages of the marriage.
Let's also say there is still one minor child in the marriage.
Let's also say that Mary has been abused both mentally and physically at times during the marriage.
Sam has always controlled all the money and Mary isn't even on any bank accounts.
Sam and Mary get into a fight one day and Sam orders Mary to leave the house. So Mary leaves the house and takes the child with her. The two stay off and on with friends for a month or two. But Mary controls no money.
Mary calls Sam one day and asks Sam to please pay for her an apartment; deposit and a month of rent for Mary and the child.
Sam says he would do it as long as Mary signs a paper stating that is all he owes her and all is even at that point.
If a divorce has NOT yet been filed;
Would such a contract be binding? After 20 some years of marriage, can all of the alimony and child support which might be owed just be written off by Mary simply signing a contract that states this so that she can have a place of her own to stay for a while?
I have done a little research but I'm not a lawyer, and I don't see how one could sign away child support at all, but I could see how alimony might be signed away, but would it be "reasonable" in the courts eyes being that Mary feels duress because she's basically homeless and has been staying with friends for a few months.
I think after 15 to 20 years of marriage there would be a lot of alimony owed and a few thousand dollars for an apartment can't make up for it.