Balfour v. Balfour

2 K.B. 571 (1919)

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Nature of the Case

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Facts

Mr. Balfour (D) and Mrs. Balfour (P) lived in Ceylon until 1915. In 1915, they came to England on a vacation where doctors advised P to stay because of her rheumatic arthritis. D agreed to send P a specific sum of money each month until she could return to Ceylon. Eventually, D suggested that they remain separated. P sued for restitution of her conjugal rights and for alimony (the amount that D has already agreed to pay). She obtained a decree nisi on July 30, 1918. On December 16, 1918, she got an order for alimony. The lower court held that the agreement was valid and gave the judgment to P. That judge held that D was under an obligation to support his wife and the parties had contracted for that support. The consent of the wife was sufficient consideration to constitute a contract, which could be sued upon. P got the judgment and D appealed.