Mr. B argues that the letters exchanged between the parties’ counsel comprise a complete agreement on the issue of spousal support. He says that the drafting and filing of a consent order terminating spousal support is nothing more than a formality – such an order would simply reflect the terms of the agreement the parties made; a consent order was never an essential element of the agreement itself. Mr. B relies on the principle of contract construction set out in Hatzfeldt-Wildenburg v. Alexander, [1912] 1 Ch. 284 where at p. 288-9 Parker J. wrote: It appears to be well settled by the authorities that if the documents or letters relied on as constituting a contract contemplate the execution of a further contract between the parties, it is a question of construction whether the execution of the further contract is a condition or term of the bargain, or whether it is a mere expression of the desire of the parties as to the manner in which the transaction already agreed to will in fact go through. In the former case there is no enforceable contract either because the condition is unfulfilled or because the law does not recognise a contract to enter into a contract. In the latter case there is a binding contact and the reference to the more formal document may be ignored.
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