Xydhias
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THR v WAT [2025] EWHC 1125 (Fam)17 March 2025
HHJ Hess navigated his way through an Xydhias puzzle. Parties informed the judge they were Xydhias-bound but then argued over (i) a £2m asset, (ii) costs, (iii) an interest provision, and (iv) security. The court’s conclusions, in a nutshell, were that if it had not been raised at the time or in the written agreement, then the court would favour the written agreement.
- Cases
- Agreements
- Child Periodical Payments
- Child Maintenance
- Xydhias
Xydhias, 25 Years On – What Exactly IS a Xydhias Agreement?
Practitioners will be familiar with the oft quoted phrase that ‘the court is not a rubber stamp’ (Kelley v Corston [1998] 1 FLR 986). The court must continue to exercise its discretion under s 25 MCA 1973 even when presented with an agreement between parties.
- Journal
- FDRs
- Agreements
- Negotiations
- Xydhias
- Consent Orders
!13/03/2024 07:00
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