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(b) Yes, on these facts, the best answer is 'probably not'. Why? Because A and B are mother and daughter and the agreement concerns domestic or family matters. In these circumstances it is reasonable to infer that A and B do not intend to resolve any disagreements by taking each other to court. It is more likely that they intend to rely on other dispute resolution processes that are less destructive of their ongoing relationship.

This example illustrates a general principle: when close family members reach domestic agreements, it is normally inferred from the facts that these agreements are not intended to be legally binding.

Balfour v Balfour [1919] 2 KB 571.

Cohen v Cohen (1929) 42 CLR 91.

But how far is this approach taken? Is it ever possible for close family relations to enter into legally enforceable agreements? The next example deals with this question.