Section 28(4)

In considering whether to allow the agreement to be enforced or (as the case may be) the money or property paid or transferred under the agreement to be retained the court must— if the case arises as a result of section 26, have regard to the issue mentioned in subsection (5); or if the case arises as a result of section 27, have regard to the issue mentioned in subsection (6).

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Source: legislation.gov.uk · retrieved 2026-09-04