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Husband held to the fundamental terms of agreement

  • November 12, 2014
  • By Hunters Law

The High Court’s decision in L v M [2014] EWHC 2220 (Fam) highlights a readiness to uphold agreements reached directly between spouses freely entered into with full appreciation of its implications.

The husband and wife with the assistance of a friend who was a solicitor, produced an agreement under which the husband was required to pay the wife £2,000,000 in four instalments, and maintenance for the wife and their daughter until the end of university or her 25th birthday.

The husband only paid £100,000 and much lower maintenance. He sought to resile from the agreement claiming insufficient financial disclosure, lack of any legal advice, and that he was unable financially to comply.

Bruce Blair QC, sitting as a Deputy High Court Judge, rejected the husband’s arguments as the agreement recited the couple’s acceptance of the lack of disclosure; decided that the husband had taken legal advice, or had ample opportunity to take advice, and that the husband was worth many millions of pounds. The husband was held to the fundamental terms of the agreement.

For more information or advice in relation to agreements reached on relationship breakdown please contact the partner at Hunters having responsibility for your legal matters or, for new enquiries, a partner in the Family Team.

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