Case law: Meritt Vs Meritt

The case is often cited in conjunction with Merritt v. Merritt [1970] 2 All ER 760; [1970] 1 WLR 1211; CA. Here the court distinguished the case from Balfour v. Balfour on the fact that Mr and Mrs Merritt, although still married, were estranged at the time the agreement was made and therefore any agreement between them was made with the intention to create legal relations. Both cases are often quoted examples of the principle of precedent.