Family Law

(17 January 2005; Black J; Family Division) [2005] 2 FLR 730

In considering what weight to give an agreement between the parties, it would be a mistake to treat Smith v Smith[2000] as altering the time honoured principles of Edgar v Edgar (1981) 2 FLR 19. It remained the case that an agreement should be taken into account under the heading of conduct, as one of the considerations to which the judge must give weight in applying the statutory criteria to the claim for ancillary relief. Although it was not the case that inherited property should be excluded from the ancillary relief exercise, in an appropriate case it was proper for the court to treat such property differently.

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