Merritt vs Merritt
(1970) 1 WLR 1211
Case Summary
[Agreement]
Facts
Mr. and Mrs. Merritt were married but had separated. Mr. Merritt signed a written agreement stating that he would pay Mrs. Merritt £40 a month and, once the mortgage was paid off, would transfer the house solely to her name. After paying off the mortgage, Mr. Merritt refused to transfer the house
Issues
1. Was the written agreement between the Merritts' intended to create legal relations, or was it merely a domestic arrangement?
2. Can an agreement between separated spouses be legally binding?
Principle
In family arrangements, there is generally a presumption that agreements are not legally binding unless there is clear evidence to the contrary. However, when spouses are separated or about to separate, the presumption does not apply, and such agreements may be legally binding.
Judgement
The Court of Appeal ruled in favour of Mrs Merritt. It held that the agreement was enforceable as it was written after the couple had separated to create legal relations. The court distinguished this case from Balfour v Balfour, noting that the context of separation provided sufficient evidence of an intent to form a binding agreement.
Ishika Tanwar
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