Balfour v Balfour [1919] 2 KB 571

The case of Balfour v Balfour [1919] 2 KB 571 is one of the cases pertaining to social and domestic agreements.

Case Facts: 

Mr. Balfour was working at Sri Lanka (Ceylon), and he and his wife decided to have a vacation in Europe. During their vacation, Mrs. Balfour got sick and had to stay in England before traveling back to Sri Lanka.

It was then decided by Mr. Balfour to provide a £30 monthly allowance for his wife. Unfortunately, the two got divorced and the then Mrs. Balfour demanded to continue to receive the allowance from his then husband.

Case Issue:

The issue of the case was whether or not this type of agreement between married couples are legally enforceable.

Case Decision for Balfour v Balfour [1919] 2 KB 571:

It was decided by the court that the agreement between the couple cannot be enforced legally as the said agreement did not have any intention to be legally binding.

Case Reason/s:

It was reasoned by the court that an agreement established by married couples does not intend to be legally enforceable because there is no intention for the agreement to have legal consequences.

Case Significance:

The case is significant as it presents legally unenforceable agreement between married couples. With this on hand, the court had decided that domestic agreements must remain outside the court, unlike commercial agreements that have the intention to be legally binding.