Enforcing a financial agreement (Xydhia’s)

We, at Hepburn Delaney, receive many enquiries about financial matters in divorce, some cases are more specific than others. This case study includes issues surrounding enforcing a financial agreement (Xydhia’s) made between the parties.

Xydhias Agreement

Mr. A instructed us on the financial aspect of his divorce with Ms. B where both parties agreed a settlement for their finances within the marriage. This is called an Xydhias agreement. This arises when the general terms of settlement and agreement have been reached in proceedings for a financial remedy.

Background

In this particular case, Mr. A has been trying to finalise the agreement with Ms. B but it has taken two years for the case to progress. This is mainly due to the fact of Ms. B’s deliberate delay in responding to correspondence and avoiding to conclude the matter.

Proceedings

Ms. B tried to renege from that agreement so Mr. A instructed us to make an application to the court to enforce the agreement. Even if the specific terms of a draft court order have not yet been agreed and one party tries to back out of the agreement, a court may be prepared to make an order in the terms reached, or decide unresolved implementation issues or other minor issues.

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