In my recent blogs, I have looked at the relevant Section 25 factors that the Court must take into consideration when looking at the financial aspects of the case following a divorce.
There is, however, no specific Section 25 factor which directs the Court to have regard to an agreement made between the parties.
But it is wildly held that such an agreement should be one of the circumstances which the Court must consider. The difficult question is the weight which the Court should place on such an agreement.
Initially, consideration needs to be given whether an alleged agreement is a binding agreement and the normal principles of the law of contract; and an agreement reached as a result of fraud, duress, mistake or misrepresentation would clearly not be binding.
The most common kinds of agreement which the Court often therefore needs to consider are:
– Separation Agreements;
– Pre or post marital agreements; and
– Agreements to settle the matrimonial litigation.
Where a party is considering an agreement then quite clearly care and attention is needed with specialist legal advice.
Maguire Family Law is a specialist firm of Family Law and Divorce Law solicitors based in Wilmslow, Cheshire. We offer legal advice to parties going through a divorce including the financial issues which flow from this and children matters including child maintenance.
We can also advise on Schedule1 Children Act 1989 applications.