A director’s pension scheme could be treated as a post-nuptial marriage settlement where the director was the only scheme member. It was thus a matrimonial asset capable of variation by a court in ancillary relief proceedings in a divorce. The court sought to define a marriage settlement: ‘In the Matrimonial Causes Act 1973 settlement is … Continue reading Brooks v Brooks: HL 29 Jun 1995
A pension fund with only one member can be a post nuptial settlement and open to variation in ancillary proceedings in a divorce. Citations: Independent 14-May-1993, Times 05-May-1993 Statutes: Matrimonial Causes Act 1973 24(1)(c) Jurisdiction: England and Wales Family Updated: 28 April 2022; Ref: scu.78044
H appealed against an ancillary relief order. . .
The court was asked to pierce the veil of incorporation of a company in the course of ancillary relief proceedings in a divorce. H had failed to co-operate with the court.
After a comprehensive review of all the authorities, Munby J said: ‘The . .
Application for ancillary relief to vary post-nuptial settlement. . .
A single member pension fund scheme was a post nuptial settlement within the Act, and was variable by the court on a divorce. No third party would be affected. . .