T v T [2013] EWHC B3 (Fam) (28 January 2013)

T v T [2013] EWHC B3 (Fam) (28 January 2013)

The separation agreement, freely entered into with independent legal advice and acted upon for over 20 years, is the overriding factor. There is no evidence of material non-disclosure, undue pressure, or unfairness at the time of the agreement. The wife's delay in seeking further provision is of great importance. The agreement should be made an order of the court and the wife's application for further financial provision is dismissed.

Citation
[2013] EWHC B3 (Fam)
Parties
Applicant: Mr. T; Respondent: Mrs. T
Jurisdiction
England and Wales
Judgment Date
28 January 2013
Procedural Posture
Financial Remedy Application / Application to Show Cause (edgar/crossley Type) / Final Judgment
Outcome
Husband's application granted; wife's application for financial provision dismissed; costs awarded to husband subject to detailed assessment.
Legal Topics
Separation Agreements, Financial Remedies, Consent Orders, Delay in Financial Claims, Clean Break, Costs in Family Proceedings
Family Law Separation Agreements Financial Remedies Consent Orders Delay in Financial Claims Clean Break Costs in Family Proceedings

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Parties

Mr. T

Applicant

Mrs. T

Respondent

Procedural Posture

Financial Remedy Application / Application to Show Cause (edgar/crossley Type) / Final Judgment

Legal Issues

  1. 1 Whether a historic separation agreement should be made an order of the court after long delay
  2. 2 Whether the wife has shown cause why the agreement should not be made an order of the court
  3. 3 Whether the wife is entitled to further financial provision despite the agreement

Ratio Decidendi

The separation agreement, freely entered into with independent legal advice and acted upon for over 20 years, is the overriding factor. There is no evidence of material non-disclosure, undue pressure, or unfairness at the time of the agreement. The wife's delay in seeking further provision is of great importance. The agreement should be made an order of the court and the wife's application for further financial provision is dismissed.

Court Disposition

Husband's application granted; wife's application for financial provision dismissed; costs awarded to husband subject to detailed assessment.

Orders

  • Separation agreement to be made an order of the court.
  • Wife's application for financial provision dismissed.