Todds' Relationship Agreements

Todd's Relationship Agreements brings together in one source comprehensive guidance on the law relating to all types of relationship agreements.

It covers cohabitation, prenuptial and post-nuptial agreements, agreements in respect of children, 'Edger' agreements and marital settlements, setting out the current state of each one in English law and explaining what is and is not permissible within each agreement.

• Details precisely how to decide if the agreement was unconscionable at the date of its inception, considering duress, undue influence, mistakes, inadequate legal advice, etc. This is an essential aspect that competing titles do not appear to address
• Gives detailed drafting advice, highlighting what should be included and what should not
• Suggests a frame work for calculating fair figures to put in a pre-nup and a methodology for determining these
• Specifically addresses conflicts between jurisdictions – the key issue behind the landmark Radmacher case
• Contains a comprehensive glossary of terms which also identifies the differences between the agreements
• Provides a range of precedents supported by procedural checklists
• Considers the historical development of these agreements, placing them in context
• Offers detailed drafting guidance
• Details the current status of these agreements in English law
• Examines the enforceability of these agreements against third parties, e.g. estates
• Details the tax considerations on entering such agreements
• Looks at the use of ‘fault’ clauses in pre-nups, e.g. different provisions in the case of adultery
• Summaries of, and key extracts from leading cases
• Includes a back-of-book CD containing all the precedents, checklists, etc
  

Part I    Introduction
1. Glossary (difference in the agreements.)
2. General introduction.

Part II   Matters common to all relationship agreements
A Was the agreement unconscionable at the date of its inception?
1. Duress.
2. Undue influence.
3. Mistake.
4. Material non-disclosure.
5. Absence or inadequacy of legal advice.
6. Clauses which oust the jurisdiction of the Court.
7. Severability
8. Other matters which might vitiate an agreement:
    a. Sunset clauses.
    b. Presence of children.
    c. Timing of the agreement.

B Agreements which are manifestly unfair at the date of their enforcement.

C Enforceability of these agreements against Third Parties (including Estates).

D The tax considerations on entering relationship generated agreements.

Part III Cohabitational Agreements
1. History of these agreements.
2. Current status in English law.
3. Form of the agreement.
4. Special considerations for property agreements.
5. The extent to which these agreements are enforceable.
6. Exceptional clauses.
    a. Contracts for regulating day to day living.
    b. Sex clauses.

Part IV Pre-Nups
1. Historical development.
2. Current status in English law.
3. Special considerations for pre-nuptial agreements.
4. “Fault” clauses (e.g. different provision in the event of adultery).
5. The extent to which these agreements are:
    a. Enforceable.
    b. Variable.

Part V  Post-Nups
1. History and development of these agreements.
2. Current status in English law.

Part VI Marital Settlements
1. History
2. Definition
3. Current status in English law.
4. Enforceability

Part VII Edgar agreements
1. The difference between Xydhias, Edgar, Soulsbury and Rose orders.
2. Necessary requirements.
3. Factors undermining the basis of such agreements (Barder events).
4. Procedure for enforcing.
5. The duty of promptitude.
6. Abbreviated hearings.

Part VIII Agreements in respect of children
1. Approach to Variation of Trust Act applications.
2. Morgan v Hill agreements.
3. Tracey v Tracey orders for school fees.

Part IX Conflicts between different jurisdictions in respect of agreements

Part X Source materials
Relevant sections from the Matrimonial Causes Act 1973 (as amended), the Law Reform (Miscellaneous Provisions) Act 1989, the Land Registration Act 2002.
Extracts from The Family Proceedings Rules 1991 (as amended).

Quotations from leading cases

Part XI Precedents
With each precedent will be a procedural check list.

Part XII (A back-of-book CD containing all precedents, checklists, etc.)

Richard Todd QC
Richard is a barrister at 1 Hare Court and was lead counsel in landmark Radmacher v Granatino case and a Recorder and prospective Deputy High Court Judge of the Chancery Division. He is also the lead editor of Sweet & Maxwell’s Practical Matrimonial Precedents and has been called to the Bar in the Cayman Islands and Hong Kong.

Elisabeth Todd
Elisabeth is a member of the Chancery Bar Association (having been at 7 New Square – now Maitland Chambers). In addition she is a civil Deputy District Judge.