Reference no: EM133314484

Question: Andrew and Susan married in 2007 and lived together until they separated in December 2013. After 12 months of living apart, they came to an agreement in relation to the maintenance of mortgage and transfer of their matrimonial home located in Sydney held in joint names. The agreement between them was that Susan would pay Andrew $150,000 for his part of ownership interest in the property and that Andrew would pay Susan $1000 per month as an allowance for the monthly instalment of repayment of loan on the property. Their agreement also included that 'when Susan would pay off all charges (loan) in connection with their home until the loan repayments had been completed, Andrew would transfer the house into Susan's sole name.'

The agreement was written and signed by both of them. Accordingly, Susan has paid off the outstanding balance on the home loan including all other charges on 5 December 2022 and asks Andrew to transfer the title (ownership) to her sole name, but he refuses to do so. Instead, Andrew argues that their agreement is not enforceable because it is a family agreement. Can Susan seek enforcement of the agreement against Andrew? Y Explain the first three essential elements of a valid contract in connection with the facts provided and advise Susan whether she has a good chance of winning against Andrew in a suit for breach of contract.

You refer to the relevant case law and legislation where necessary to support your advice. please answer the question in ILAC format thank you.