This article was originally published in HNW Divorce Magazine and is published with their kind permission.

Cerys Sayer states in her article that ‘it certainly seems from my recent caseload, and that of my colleagues, that we are seeing an increase in notice to show cause applications. Ultimately, there can be little worse for all concerned to believe that an Edgar¹ agreement has been reached, only to then learn that the other side or indeed your own client now wishes to renege. The following overview highlights how and why such applications can materialise and the applicable law.’

You can read the rest of this article in HNW Divorce Magazine or you can download the article here.

1 Edgar v Edgar [1980] EWCA Civ 2 (23 July 1980)

2 Crossley v Crossley [2007] EWCA Civ 1491 (19 December 2007).

Although Crossley concerns pre-nuptial agreements, it applies equally to Edgar agreements. Please see the following links to related articles in previous issues of HNW Divorce Magazine by Cerys Sayer and Scott Sharp.