Intention to Create Legal Relations in Domestic Agreements

In domestic relationships, the law generally presumes that agreements between family members lack the intention to create legal relations, making them unenforceable in court. This presumption exists because family arrangements are typically based on love, friendship, or moral obligations rather than legal ones. However, this presumption can be rebutted with clear evidence that parties intended their agreement to have legal consequences. Courts consider factors such as the relationship's status (intact or breaking down), the agreement's formality (especially if written), and whether consideration beyond normal family obligations was provided. As family arrangements increasingly involve significant property transfers or financial commitments, courts have become more willing to recognize potential legal intent in domestic contexts.

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