Q&As

A husband and wife have separated, full and frank disclosure did not take place but the parties negotiated the terms of a separation agreement. One of the parties refuses to sign the agreement reached. If the other party commences divorce proceedings, can they make an application within financial remedy proceedings to show cause why an order should not be made in the terms of the unsigned separation agreement?

read titleRead full title
Produced in partnership with David Salter of Deputy High Court judge and Recorder
Published on LexisPSL on 24/02/2021

The following Family Q&A produced in partnership with David Salter of Deputy High Court judge and Recorder provides comprehensive and up to date legal information covering:

  • A husband and wife have separated, full and frank disclosure did not take place but the parties negotiated the terms of a separation agreement. One of the parties refuses to sign the agreement reached. If the other party commences divorce proceedings, can they make an application within financial remedy proceedings to show cause why an order should not be made in the terms of the unsigned separation agreement?

It has long been the position in financial remedy proceedings that 'formal agreements, properly and fairly arrived with competent legal advice, should not be displaced unless there are good and substantial grounds for concluding that an injustice will be done by holding the parties to the terms of their agreement' (Edgar v Edgar). This principle has only been strengthened by the increased weight now placed on party autonomy in relation to pre-marital agreements since Radmacher v Granatino.

Where an agreement has apparently been reached and one party seeks to resile from it in subsequent divorce proceedings, it is possible to make an application to the court for an order to show cause why an order should not be made in the terms of the original agreement (Dean v Dean; Crossley v Crossley). This procedure survives the decision in Wyatt v Vince, that there is no summary judgment procedure in the Family Procedure Rules 2010, SI 2010/2955 (at para [29]). It was stressed, however, that the show-cause procedure did not obviate the need for t

Related documents:

Popular documents