Todd's Relationship Agreements

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.)