‘Agreement’ as preliminary issue

S v S [2008] EWHC 2038 (Fam), [2008] All ER (D) 16 (Sep)

The parties were very wealthy and had been married for over 20 years. They had three adult children. Following a decree nisi, a round table meeting was held in an attempt to resolve the ancillary relief proceedings, when it was agreed, the wife should have 45% of the assets and the husband 55%. The husband contended that a concluded agreement had been reached on all matters. The wife later applied for full ancillary relief proceedings. The husband sought to stay the proceedings, and issued a notice to show cause why an order should not be made in the terms of the draft order that had already been agreed between the parties. The wife submitted that: (1) there was no concluded agreement between the parties, only a headline agreement as to the proportions in which the assets should be divided; (2) in the alternative, subsequent changes in circumstances since the initial round table meeting meant that she should no longer be held to the agreement and ancillary relief proceedings should be circumscribed by disclosure; and (3) such changes meant that it was no longer possible to implement the agreement.