ABSTRACT
Denning LJ: In this case, a wife claims sums due to her under a maintenance agreement. No evidence was called in the court below because the facts are agreed. The parties were married on 25 April 1945: they have no children. On 24 January 1952, the wife deserted the husband. On 26 March 1952, they signed the agreement now sued upon, which has three clauses: ‘(1) the husband will pay to the wife for her support and maintenance a weekly sum of One Pound 10 Shillings to be paid every four weeks during the joint lives of the parties so long as the wife shall lead a chaste life the first payment hereunder to be made on the 15th day of April 1952; (2) the wife will out of the said weekly sum or otherwise support and maintain herself and will indemnify the husband against all debts to be incurred by her and will not in any way at any time hereafter pledge the husband’s credit; (3) the wife shall not, so long as the husband shall punctually make the payments hereby agreed to be made, commence or prosecute against the husband any matrimonial proceedings other than proceedings for dissolution of marriage but, upon the failure of the husband to make the said weekly payments as and when the same become due, the wife shall be at full liberty on her election to pursue all and every remedy in this regard either by enforcement of the provisions hereof or as if this agreement had not been made.’
