Are Promises Made in Personal Relationships Always Legally Binding?

Paul Wild and Holly Cullen consider a recent case with Christina Haynes and millionaire ex-partner, Mark Austin, which has captured public attention on this question. Haynes claimed that Austin had promised her half of their £18 million family home. This promise was made during a lunch with the manager of Austin’s wealth trusts in the Liechtenstein Alps in 2014. However, Judge Joanne Wicks dismissed Haynes’ claim in the High Court saying that the meeting was an “elaborate performance” to keep Haynes happy when Austin failed to marry her and therefore did not amount to a legally enforceable promise. This raised the question about whether promises made in personal relationships are ever legally binding.

The Story Behind the Promise

Haynes and Austin met in 2000 when she was in her early twenties and he was 46. During the relationship, Haynes gave up her job and the pair moved into a West London mansion. Although the couple had two children together, they never married. After a period of tension in their relationship, in 2014, Austin invited Haynes to a lunch meeting in the Alps where she was promised that she would receive half of their shared property if the relationship were to end. The manager of Austin’s wealth trusts assured Haynes that this promise, set out in a letter of wishes, would be honoured. Despite this, when the couple separated in 2018, Austin only offered Haynes a £2.75 million sum.

The Legal Battle: A Question of Trust and Legal Standing

In 2018, Haynes went to court to try and obtain a greater share of the family home and argued that Austin’s promise during lunch in the Alps in 2014 should be legally binding.

However, Judge Joanne Wicks ruled against Haynes and said that the promises made during the lunch did not constitute a legally binding agreement. Haynes argued that she was also sent a letter by a later trust manager in 2016 repeating the arrangement, but Judge Wicks said that this letter had been “caveated” by reference to “discretionary powers”.

Emotional Promises vs Legal Commitments

This case highlights the tension between emotional promises made within personal relationships and the potential legal implications of those promises. In the eyes of the law, a promise must meet certain criteria to be considered enforceable. The criteria to create a legally enforceable agreement or contract are that there should be an offer; acceptance of that offer; consideration; intention to create legal relations and it should be ensured that the parties both have the capacity to enter into that agreement. Consideration essentially means something of value exchanged between the parties (often of monetary value, or a service or promise to do something). When that agreement is between family members, there is the presumption that there is no intention to create legal relations, but this presumption can be rebutted.

In this case, whilst the promise was made between the parties, Judge Wicks emphasised that rather than it being a firm legal commitment, this was more of a performance designed to ease Haynes’ anxieties. The emotional context in which the promise was made, and the lack of an enforceable written agreement undermined Haynes’ claim.

The Role of Trusts and Wealth Management in Personal Disputes

Another critical aspect of the case was the involvement of wealth management professionals and the creation of offshore trusts. Austin’s wealth management advisors were involved in assuring Haynes about her future financial security, but Judge Wicks found that these interactions did not amount to a legal guarantee.

This highlights a complexity arising when wealth management professionals become involved in personal matters as they do not necessarily have the authority to make legally binding promises that affect personal relationships, and that distinction becomes crucial when determining whether assurances made in a personal family setting are legally enforceable.

Conclusion: Are Promises made in Personal Relationships Always Legally Binding?

Ultimately, promises made in personal relationships are not always legally binding. Judge Wicks said whilst many people may consider the outcome in this case as a cruelty to Haynes, “that is insufficient to give her legal rights by way of estoppel”. The actions of the trust managers were said to be “tip-toeing up to the line with Ms Haynes to give her comfort, but without crossing it into making a firm commitment”.

For a promise to be deemed legally enforceable it should meet the specific criteria of a legally enforceable agreement as listed above and formal documentation could be used to evidence the legal nature of the agreement.

Do you have questions about a promise made in your relationship?

If you have been made a promise in your relationship on which you tend to rely, should the relationship end, please contact us and schedule an appointment with our experienced family law professionals to discuss your situation. Please do contact Paul Wild of this office. Our team can advise on the likelihood of this promise being legally enforceable and potential next steps that you should take.

Paul Wild
Partner, Head of Family
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This reflects the law and market position at the date of publication and is written as a general guide. It does not contain definitive legal advice, which should be sought in relation to a specific matter.

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