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this post was submitted on 02 Feb 2026
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Law
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Is there a concrete example about when this split would be done? I'm having trouble understanding what "complicated, but less critical" parts of an agreement would mean. Certainly, things like payment terms would be simple and very critical to an agreement, but would the less critical parts be things like technical requirements to consider a contract as delivered?
I'm not a lawyer, but in real estate transactions, the money transfer amounts, accounts and deadlines are for the notarial act. Terms like "damage to the property can be seen here and here, further damage is subject to compensation or repair by the seller" would be contract. This way, everyone gets there largest sums of money on time, and then what constitutes damage needing repair is left to courts and jurisprudence.
Child support and custody time would be a notarial act, but details of choosing schools is a contract.
Prenup decision on property sharing/separation is a notarial act, while you could have smaller contracts on expense sharing for small things.
Ah, I see. So notarial acts are the "big picture" objectives, which have been legally vetted by the notary and will take place essentially automatically, and the contract concerns itself with the small details that could be litigated in court if needed.
That's quite an interesting way of dividing agreements, and if US States would pass enabling legislation to allow such "bifurcated" contracts, I could see some very real improvements to how cases get litigated here. As you said, an improvement would be better assurance that, say, a builder will be paid most of their compensation when the job is completed, and small complaints about the quality of the work can be adjudicated separately. Whereas in our current system, the payer can withhold all payments if they allege even a minor issue, and that sort of delay only results in higher building costs to everyone. The current contracts are also massive, with different criteria for when additional payments will be made. Having some firm dates for payments would make project planning easier, since even if the project is delayed, the payments should still be on-time.