Facts

• When the Cohens got married, Mr Cohen promised Mrs Cohen an annual dress allowance of 100 pounds.
• Mr Cohen eventually fell 275 pounds behind.
• The Cohens then separated.
• During the diorce, Mrs Cohen claimed the outstanding amount, saying it was a contractual breach.

Issue

• Was there an intention to create legal relations?

Held

• Mrs Cohen failed to rebut the presumption that it was a domestic agreement.
• There seemed to be no objective intention to create legal relations
• As such, the agreement was unenforceable.

-- Download Cohen v Cohen (1929) 42 CLR 91 as PDF --

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