NYC, I thought the very same thing when I read that. It's deflection. There's that saying about doing the same thing and expecting different results. Contracts at this point are just setting everyone up for failure. I don't think either of you are stable enough to follow through. Until each of you can get ahold of yourselves you won't be able to break the cycle that you have both created.
I bowed out of posting on this board because ... Well I have no poly relationship to speak about. My poly is done, but I have continued to pop in and check on those I have grown to care about. It saddens me that I have experience in this all too familiar toxic cycle. Seeing a couple I have grown to look up to going through this I couldn't not post.