Xydhias v Xydhias
| Jurisdiction | England & Wales |
| Judgment Date | 21 December 1999 |
| Date | 21 December 1999 |
| Court | Court of Appeal (Civil Division) |
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72 cases
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Soulsbury v Soulsbury
...because: “49. It seems to me that because there was no application which had been made by either party in 1993 the principle in Xydhias v Xydhias could not have applied to make it of no contractual force until made into a court order. … 50. … There was no application[for a lump sum etc] tha......
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Myerson v Myerson
...information available to him by virtue of section 25 of the Matrimonial Causes Act 1973. That was made clear by Lord Justice Thorpe in Xydhias v Xydhias [1999] 1 FLR 638, when he said (at page 691G): ““The court conducts an independent assessment to enable it to discharge its statutory func......
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Re T (Abduction: Protective Measures: Agreement to Return)
...by the Court of Appeal in Rose v Rose [2002] EWCA Civ 208, [2002] 1 FLR 978 (‘ Rose’), and Xydhias v Xydhias [1999] 2 All ER 386; [1999] 1 FLR 683 (‘ Xydhias’) apply to agreements or purported agreements reached in proceedings brought under the 1980 Hague Convention? iv) How should the cour......
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DW (First Appellant) CW (Second Appellant) v CG
...(which would be too late now), the terms of the order must be interpreted in their own right. As Thorpe LJ said in Xydhias v Xydhias [1999] 1 FLR 683, at p. 691: "The decision of the Privy Council in de Lasala v de Lasala [1980] AC 540 demonstrated that … the rights and obligations of the p......
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4 books & journal articles
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Financial Remedies
...Regulation, Article 17. 124 REMO. 125 www.gov.uk/remo-unit-helpline . 126 MS v PS [2016] EWHC 88 (Fam). 127 Xydhias v Xydhias [1999] 1 FLR 683, CA. 128 Kelley v Corston [1998] QB 686. 129 Soulsbury v Soulsbury [2007] EWCA 969, [2008] 1 FLR 90, CA. agreement as closely and practically as it ......
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Family Law
...the new s 112. Settlement agreements 13.48 As helpfully pointed out by Thorpe LJ in the English Court of Appeal in Xydhias v Xydhias[1999] 1 FLR 683, an agreement for the compromise of an ancillary relief application does not give rise to a contract enforceable in law. Parties seeking to up......
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Case Note: PRENUPTIAL AGREEMENTS AND FOREIGN MATRIMONIAL AGREEMENTS: TQ V TR1
...to a contract enforceable at law. This is because an order of the court is required to achieve that purpose: see Xydhias v Xydhias[1999] 2 All ER 386, especially at 394e to 396b per Thorpe L J. Hence, if the Divorce Agreement were otherwise a legally binding contract, it would be impugnable......
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WHEN SPOUSES AGREE
...147. These cases are further discussed below. 12 Lee Hong Choon v Ng Cheo Hwee [1995] 2 SLR 663. 13 Sections 49—50, Women’s Charter. 14 [1999] 1 FLR 683. See also case comment on the case in S M Cretney, “Contract Not Apt in Divorce Deal”(1999) 115 LQR 356. 15 Stephen M Cretney, Judith M Ma......