Family Law Agreements – can they be enforced if one spouse/ partner has a change of heart?

In Family Law you can reach several types of agreement, regarding property, ࡼQDQFHV DQG WKH FKLOGFDUH arrangements, including a Prenuptial Agreement (one before marriage), a Postnuptial Agreement (one after marriage) and a Separation Agreement, upon the breakdown of a marriage or civil partnership.

But, what do you do if one spouse/partner has a change of heart and looks to renege on the agreement? If this happens, the spouse/ partner looking to enforce the agreement can apply to the court to ensure that the terms are enforced. It is more likely that the court will enforce the agreement, if there are in existence, the following elements.

1. The parties were legally advised or had an opportunity to be legally advised and were made aware of this opportunity to do so.

2. There was full

ࡼQDQFLDO GLVFORVXUH 3. Either or both spouses/ partners have acted on the agreement.

Similarly, there can be circumstances which make it easier for the spouse/partner to walk away from the agreement, and not be bound by its terms those being as follows.

• No opportunity to take legal advice.

• 8QGXH LQࡽXHQFH RU pressure.

• Duress.

• Taking unfair advantage of the other spouse/partner.

• Fraud.

• Misrepresentation.

• Failure to give full ࡼQDQFLDO GLVFORVXUH

• A change in circumstances, but these must have been unforeseen or overlooked.

• Unfairness.

This publication is a general summary of the law. It should not replace legal advice tailored to your VSHFLࡼF FLUFXPVWDQFHV

If you require advice

RQ GLYRUFH DQG ࡼQDQFHV we are here to help. We

RಀHU D 45 minute free consultation to discuss any aspect of Family Law, either during the week or on a Saturday at your convenience. The consultation can take place by telephone or by Zoom.

Please contact Kathryn Coyle at kcoyle@kiddrapinet. co.uk or by telephone on 01628 659 411.