Case law: Balfour Vs Balfour

Balfour v. Balfour [1919] 2 KB 571 is a famous English contract law case that held that there is a rebuttable presumption against an intention to create a legally enforceable agreement when the agreement is domestic in nature.

Using contract-like terms, Mr. Balfour had agreed to give his wife £30 a month as maintenance for while he was off living in Ceylon. Once he had left, they separated and Mr. Balfour stopped payments. Mrs. Balfour brought an action to enforce the payments.

At the Court of Appeal, the Court held that there was no enforceable agreement as there was not enough evidence to suggest that they were intending to be legally bound by the promise.

Balfour v. Balfour
Court of Appeal (Civil Division)
Date decided: 25 June 1919
Full case name: Balfour and Balfour
Citations: [1919] 2 K.B. 571
Judges sitting: Warrington, Duke and Atkin L. JJ
Cases cited: none
Legislation cited: Married Women's Property Act 1882
Case history
Prior actions: None
Subsequent actions: None