Ancillary relief was claimed in the face of the terms of a separation agreement.
Held: If asked to look at an ancillary relief settlement agreed between the parties, the court could do so where the original provision was inadequate. Here, the wife was not to be to her agreement, which she had entered into under great pressure and which had failed to make adequate provision for her needs.
Sir Roger Ormrod said: ‘It has been stressed all through those same cases that the court must attach considerable importance, the amount of importance varying from case to case, to the fact that there was an agreement, because the court, naturally, will not lightly permit parties who have made a contractual agreement between themselves, even if it is not legally enforceable, to depart from that contractual agreement unless some good reason is shown.’
Judges:
Sir Roger Ormrod
Citations:
(1982) 4 FLR 577, [1983] 4 FLR 577
Jurisdiction:
England and Wales
Cited by:
Cited – A v B (Ancillary relief: Separation agreement) FD 17-Jan-2005
The husband appealed against an ancillary relief order, saying that the judge had applied the terms of a separation agreement without acknowledging that that agreement had been entered into without full disclosure having been made. Had the judge . .
Cited – Morgan v Hill CA 28-Nov-2006
The father appealed an award of periodical payments to a former partner. She had a child by an earlier relationship. The father was immensely rich and during the relationship made financial provision for the child by the earlier relationship also. . .
Cited – Radmacher (Formerly Granatino) v Granatino SC 20-Oct-2010
The parties, from Germany and France married and lived at first in England. They had signed a pre-nuptial agreement in Germany which would have been valid in either country of origin. H now appealed against a judgment which bound him to it, . .
Lists of cited by and citing cases may be incomplete.
Family
Updated: 09 May 2022; Ref: scu.224381