S v S: FD 14 Jan 2014

The court was asked to approve a settlement reached under the IFLA arbitration scheme.
Held: The order was approved, but the court took the opportunity to give guidance.


Sir James Munby P


[2014] EWHC 7 (Fam)




England and Wales


CitedDean v Dean FD 1978
The wife said that she had not got a good bargain in an agreement settling ancillary relief applications.
Held: The court must have regard to s.25 of the Matrimonial Causes Act, but also to: ‘Conduct of the parties in all the circumstances . . . .
CitedBrockwell v Brockwell CA 5-Nov-1975
Ormrod LJ said: ‘But it must be a matter entirely for the judge to look at all the facts and the financial situation of each party and taking into account the fact that they made this agreement which to my mind is a very important piece of conduct . .
CitedHyman v Hyman HL 1929
The husband had left the wife for another woman. The parties had entered into a deed of separation under which the husband had paid two lump sums and agreed to make weekly payments of 20 pounds for the life of the wife. The deed included a covenant . .
CitedWright v Wright 1970
In the course of a settlement of divorce proceedings, a wife agreed to withdraw her claim for maintenance. She sought to re-open it.
Held: the principle of Hyman v. Hyman applied, notwithstanding that the agreement between the parties had been . .
CitedEdgar v Edgar CA 23-Jul-1980
H and W separated and in 1976, without any pressure H and at the instigation of W, signed a deed of separation negotiated through solicitors. H agreed to purchase a house for W, to confer on her capital benefits worth approximately andpound;100,000, . .
CitedXydhias v Xydhias CA 21-Dec-1998
The principles of contract law are of little use when looking at the course of negotiations in divorce ancillary proceedings. In the case of a dispute the court must use its own discretion to determine whether agreement had been reached. Thorpe LJ . .
CitedX v X (Y and Z intervening) FD 9-Nov-2001
The court considered an agreement under which the quid pro quo for the payment of a sum of money was a husband’s agreement not to defend his wife’s petition for divorce grounded on his behaviour (even though he believed that he had grounds for . .
Lists of cited by and citing cases may be incomplete.


Updated: 28 May 2022; Ref: scu.519674