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 --

