Soulsbury —v- Soulsbury EWCA A case on the enforceability against an estate of a promise to pay a lump sum to a former wife. Anthony Louca Solicitors acted for the wife in this matter. The deceased had been ordered to make periodical payments to the wife and did so for many years. She agreed.
Soulsbury v Soulsbury – Case Summary
He made the will leaving her the legacy and the residue to their children. In he became ill and inon the day he died in hospital he married his long standing cohabitee. The marriage revoked his will. The Court of Appeal held that the dictum relied on was stated too widely in the case of Soulsbury. There had been no compromise of an application for ancillary relief because the wife was not bartering away her right to maintenance nor her right to go back to Court. She could have done so at any time.
The agreement was a perfectly ordinary contract and as such was enforceable. A minor family proceedings: electronic tagging EWHC FAM The child at the centre of these proceedings had twice been wrongfully removed by the mother to her country of origin and returned under the Hague Convention.
The mother had followed the child back to the UK and after an unsuccessful attempt to appeal the Hague decision was seeking contact with her child.Procaine injections for back pain
The decision facing the Judge was whether she should allow the mother to spend substantial periods of time with the child under an interim order whilst the issues were investigated and given the fathers fears that she would remove the child again. The parties agreed that the mother should be under a curfew supported with the aid of electronic tagging. The judgement was published to assist practitioners who may seek similar orders by confirming that electronic tagging is available to the family courts.
Anthony Louca Solicitors acted for the Respondent mother in this case. It was emphasised that such requirements would be unlikely to be appropriate save in very few cases.
Anthony Louca Solicitors acted for the father who had not seen the children and so applied for contact. The mother countered with allegations of domestic violence and the fear that the father would seek to abduct the children back to his home country of Algeria. After some delays to adduce further evidence a fact finding hearing of two days was fixed. The Judge was informed of the incident first thing at the hearing the next day and as a result he decided to cut short the fact finding hearing.
He then made an order for unsupervised contact in favour of the father suggesting that if the allegations were proven then the father would require anger management and questioned the need for the fact finding.Mr Morris had married Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website.
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Case: Soulsbury v Soulsbury  EWCA Civ 969;  WTLR 1841
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Non-necessary Non-necessary.Following the end of a year marriage the court made a periodical payments order in the wife's favour. The agreement between husband and wife was not put before the court, and had therefore not been approved.
Nonetheless, the husband changed his will according to the terms of the agreement, and stopped making the periodical payments, while the wife made no attempt to recover such payments via the courts. The husband then, having become very ill, remarried, which had the effect of revoking his will. The husband died on the evening of the wedding day. The second wife refused to make any payment to the first wife on the basis that the agreement was unenforceable, applying Xydhias v Xydhias  1 FLR The agreement was perfectly valid and enforceable, as a classic unilateral contract.
The statement in Xydhias as to the non-enforceability of an agreement for the compromise of ancillary relief applications, unless the agreement were converted into a court order, was not correct.
There was no justification for denying relief if the spouse or former spouse concluded an agreement that was not part of the settlement of any pending claim for ancillary relief. If there were negotiations to compromise a claim for ancillary relief, then there was a duty to seek the court's approval, but even an agreement subject to the approval of the court was binding on the parties to the extent that neither could resile from it.
All Judgments. Statutory Instruments. Practice Directions. Practice Guidance. Online service practice areas. Emergency Remedies in the Family Courts.
Family Law Precedents Service. Clarke Hall and Morrison on Children. Family Law Reports. Court of Protection Law Reports. All Books. Court of Protection Practice. Family Law.Appeal by personal representative of an estate against an order granting a payment to the wife of the deceased in lieu of her refusal to enforce periodical payments while he was alive.
Appeal dismissed. The case turned on whether the agreement between the deceased husband and the wife was one that sought to oust the jurisdiction of the court with regard to ancillary relief. After a detailed consideration of the relevant case law, including Hyman and XydhiasWard LJ concluded that the matter could be decided on the narrow basis that, as the wife had not attempted to pursue any ancillary relief through the courts, there was no possibility that the jurisdiction of the court was being usurped.Invitations, offers and acceptance - ACCA Corporate and Business Law (LW) (ENG)
The respondent was therefore entitled to her damages as the estate was subject to a binding agreement. Lord Justice Ward: Introduction 1. The personal representative now appeals. The facts 3. They had three children, all of them now adults. The marriage broke down indivorce proceedings were commenced by the wife and a decree absolute of divorce was granted on 17th December No orders for payment of a lump sum or property adjustment orders were ever made.
Soulsbury v Soulsbury  EWCA Civ 969
Notwithstanding the divorce, the claimant and the deceased remained on very friendly terms and were regularly in communication with each other. When in about the deceased sold his shareholding in a public company which he had helped to found for a large sum of money, he made generous gifts to the claimant and the children.
He bought and refurbished a property in Italy and the claimant and the children frequently took holidays there. From time to time he repeated this suggestion.
In April he went so far as to execute a will bequeathing that sum to her, the residue to his children. In about September agreement to that effect was reached between the claimant and the deceased during conversations on the telephone.
This is the agreement upon which the claim is based. At or about that time he ceased making periodical payments to her. No attempt has ever been made to recover the arrears which had accrued under the order. By about the deceased began to cohabit with the defendant.
Sadly he became ill with leukaemia in On the morning of 10th Octoberclose to death, he married her in the Charing Cross Hospital and he died that evening. By virtue of s. The appellant is the personal representative of the deceased acting under a grant of letters of administration issued out of the Principal Registry of the Family Division in March She refused to pay the legacy or any part of it to the claimant. The judgment under appeal 9. The judge wisely approached the claimant's evidence with "a certain degree of caution".
He concluded, however:. She did none of those things. That event happened, and indeed but for the remarriage and its unintended consequence, she would have received that sum under the will of and the consequence in law, in my judgment, is that the deceased's estate is in breach of the agreement and must make it good. It is in my judgment as simple a case as that. The judge recognised that applications could have been made for a lump sum or for a variation of the periodical payments order.
The claimant could have enforced the arrears and she could have applied under the Inheritance Provision for Family and Dependants Act The parties were a formerly married couple who divorced in Inthe husband remarried. This had the effect of automatically revoking his prior will. He died the same day. The Court of Appeal held in favour of the claimant. Properly interpreted, the agreement did not oust the jurisdiction of the court.
Even though the parties had a domestic relationship, it was clear that they intended the arrangement to alter their legal relations. The agreement was therefore an enforceable contract, and the defendant was in breach. An agreement to explicitly or implicitly oust the jurisdiction of the court is void. A contract for the mutual variation of an ancillary relief order is valid and capable of specific performance.
This is true even if it is not confirmed by a further court order, as long as it does not fall within the category of contracts which are void for public policy reasons. Once she began performing, the husband was no longer able to revoke his offer. When he died without her ever enforcing her right to seek the payments, the offer was finally fully accepted.
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