The La Nicholson court described several criteria that judges must consider in deciding whether to implement a reconciliation agreement. These are guidelines that should also be taken into account when developing a reconciliation agreement. While reconciliation agreements are generally a good way to allow a couple to repair their marriage, there are occasions when a party may try to use it as a means of overcoming or prolonging divorce proceedings, either by deferring them indefinitely or by giving the party some influence in future negotiations. Therefore, a reconciliation agreement should only be considered if there is a real desire to save marriage on both sides. The agreement is reached on the condition that, if the above conditions are not met, the divorce proceedings continue. A reconciliation agreement is a kind of post-marriage or mid-marriage agreement, that is, it is an agreement between two spouses. A reconciliation agreement is often reached by a couple in an attempt to resume marriage after a major conflict between the spouses, often an affair. The reconciliation agreement generally provides that the non-fraudulent spouse receives a financial commitment in exchange for the continuation of the marriage with the spouse who had the affair. Radmacher then challenged the decision and his appeal was upheld by the Court of Appeal, which found that the High Court had not given sufficient weight to the agreement. Granatino appealed to the Supreme Court to overturn Radmacher`s appeal, but his appeal was dismissed by eight to one.
The President of the Supreme Court, Lord Phillips, has made the case as follows: a reconciliation treaty can be beneficial in that it can allow a couple to resolve their problems before resorting to the end of the divorce. It can provide both parties with emotional and financial security by informing them of their position and clearly stating what each party must do for the marriage to work. A number of votes are required to ensure that inflows and cash outflows coincide between the profit and loss account, the balance sheet and the cash flow count.