Wednesday, June 30, 2010

Can I Enforce an Agreement?

Perhaps. Even a Private Agreement, such as a verbal Agreement to "split everything equally". If it is deemed fair to hold both parties to the Agreement then the court will uphold it, even if it would have ordered a different settlement.

What is important in enforcing an Agreement?

Were the parties on an equal footing? i.e. one was not coerced by the other
Was there full and frank disclosure about all the financial circumstances?
Did both parties have legal advice?
Was there a mistake?
Was there fraud?
The conduct of both parties before and after the Agreement
Has something happened since the Agreement which invalidates it?
Has there been delay?
Has either party relied on the Agreement and acted upon it?
Were the parties actually in Agreement?

All of the above is dependant upon the individual facts of the case and one party can often believe they are in accord when they are not... or they can be deliberately misled by their ex partner...

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