Ancillary relief agreement binding without court order

Soulsbury v Soulsbury [2007] EWCA Civ 969; CA TLR 14 November

The claimant married Owen Soulsbury (the deceased) in 1966 and on their divorce in 1986 the court made a periodical payments order for her by consent of £12,000 a year. Despite the divorce the claimant and the deceased remained on very friendly terms and on the sale of his company he made generous gifts to the claimant and their three adult children. In 1993 the deceased prevailed upon the claimant to agree not to enforce her periodical payments order in exchange for him leaving her £100,000 in his will. Both parties honoured the bargain.