Back to Legal Case Studies

Reneging on separation agreements

17 November 2010

In this case we acted for a client who reached an agreement with his wife, who was a barrister, in respect of financial matters. The parties signed a document setting out the agreement reached. The agreement was favourable to the husband and the fact he brought a substantial amount of capital into the marriage and accounted for the fact he had contributed to his pension for a number of years before the parties met.  Prior to the document being sent to court and approved by a judge and prior to it becoming binding, the wife then sought legal advice and sought to renege on the agreement reached as a result.

The husband issued a court application for an Order to be made in the terms of the agreement reached. The wife opposed the application on the basis that she had not had an opportunity to have legal advice. The court rejected the wife’s application and made an Order in the terms of the agreement reached, on the basis she had the opportunity to take legal advice but chose not to and the husband had fully and frankly disclosed his financial situation to her.