In Balfour v Balfour (1919), the Court of Appeal ruled that agreements between spouses are generally not legally binding contracts. The case centred on a husband's promise to pay his wife an allowance while they lived apart temporarily, which was deemed a domestic arrangement.
Domestic Arrangements: Agreements between spouses, such as maintenance payments, are typically considered domestic arrangements and not legally enforceable contracts unless there is a clear intention to create legal relations. The case highlights the principle that not all agreements, even those involving mutual promises, are contracts if they lack the element of legal enforceability.
