Intention to Create Legal Relations & WhatsApps in Family Relationships

Introduction

Recent High Court decisions in Kirishani v Major [2026] and Reid-Roberts v Mei-Lin [2026] highlight the growing role of digital communications in domestic cohabitation and property disputes.

Building on Hudson v Hathway, which recognised that a proprietary interest could be disposed of by email, Reid-Roberts addresses the use of WhatsApp and text messages to negotiate settlements and formalise agreements.

As clients increasingly use digital communications to discuss financial arrangements and negotiate separation agreements, this webinar will help family lawyers assess when those exchanges may have legal effect, identify the applicable formalities and advise clients on recording their intentions clearly.

What You Will Learn

This webinar will cover the following:

• The limits of digital evidence - How the courts treat platform-generated headers and informal WhatsApp messages
• An understanding of when the presumption against an intention to create legal relations applies to unmarried couples
• Why tracking daily household expenses, shared bills and holidays in shared files does not automatically create an enforceable contract
• How to protect your clients during separation negotiations and ensure intended agreements satisfy statutory formalities and best practice