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JimLawyer, Solicitor
Category: Family Law
Satisfied Customers: 11196
Experience:  Senior Associate Solicitor
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We have been told that heads of terms can be legally binding

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we have been told that heads of terms can be legally binding when the agreements clearly states that both parties intend to be leglly bound by whats written, do you know any cases i can read about this?

I haven't got access to case law at the moment but this link may be of use:

Customer: replied 1 year ago.
its not just a separation agreement, it was written up and worded as to be used for a consent order, it actually says that the wording will transfer over into a consent order, that both parties agree to be legally bound, both of us got it checked legally, we both then acted upon the agreement, i bought another property, and she set up a business
Customer: replied 1 year ago.
can i ask the family court to enforce the contract?

Yes, the court is unlikely to depart from those agreed heads of claim unless one or both of your circumstances have changed or if one of you did not fully disclose a material fact (e.g. a hidden asset). You can ask the family court to look at the contract, yes.

Customer: replied 1 year ago.
thank you

No problem, have a good night

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