Charalambous v Charalambous; C v C (Ancillary Relief: Nuptial Settlement): CA 30 Jul 2004

The parties had been wealthy. Whilst still married, substantial sums had been placed in a trust. Their business interests had crashed and both faced personal bankruptcy. The husband appealed an order setting aside the trust.
Held: A clause in the trust deed could not prevent application of the Act. The judge had been correct to hold that it remained a post-nuptial settlement despite the removal of either party as beneficiary. The courts of Jersey were prepared to heed such orders. The appeal was refused.


Lord Justice Thorpe Lord Justice May Lady Justice Arden


[2004] EWCA Civ 1030, Times 07-Sep-2004, [2005] Fam 250




Matrimonial Causes Act 1973 24, Recognition of Trusts Act 1987


England and Wales


Appeal fromCharalambous v Charalambous FD 5-Mar-2004
The family had been wealthy. Assets were placed into a trust. The businesses fell into difficulty, and the parties divorced. The wife requested the court to set aside the trust.
Held: The trust was to be varied as a post-nuptial settlement. . .
CitedNunneley v Nunneley 1890
The court considerd the power to vary a trust: ‘The language of the Act is exceedingly wide. I am clearly of opinion that the power thereby conferred extends to a settlement though made in another country and according to the law of that country.’ . .
CitedJacques de Cavel v Louise de Cavel ECJ 27-Mar-1979
The term ‘rights in property arising out of a matrimonial relationship’ within the meaning of the second paragraph of article 1 of the Convention, includes not only property arrangements specifically and exclusively envisaged by certain national . .
CitedBrooks v Brooks HL 29-Jun-1995
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 . .
CitedCompton v Compton FD 1960
The court considered whether trusts were to be deemed to be post nuptial settlements.
Marshall J said: ‘The first point taken by Mr. Beyfus on the wife’s behalf is fundamental. He has submitted that the four settlements in question are not . .
CitedForsyth v Forsyth 1891
Jeune J said: ‘Nunneley v. Nunneley seems to me to go the whole length of deciding that whatever be the law applicable to the settlements the effect of S.5 of the 22 and 23 Vict. c. 61, is to give this court power to vary the settlements in its . .
CitedPrescott v Fellowes CA 1958
The court considered whether a deed of trust created a post nuptial settlement within the 1950 Act: ‘Inasmuch as the deed vested no property in trustees and created no successive legal or beneficial interests it had none of the attributes of a . .
LeaveC v C (Ancillary Relief: Nuptial Settlement) FD 2-Apr-2004
Application for ancillary relief to vary post-nuptial settlement. . .

Cited by:

CitedRadmacher (Formerly Granatino) v Granatino SC 20-Oct-2010
The parties, from Germany and France married and lived at first in England. They had signed a pre-nuptial agreement in Germany which would have been valid in either country of origin. H now appealed against a judgment which bound him to it, . .
CitedBen Hashem v Ali Shayif and Another FD 22-Sep-2008
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 . .
Lists of cited by and citing cases may be incomplete.

Family, Trusts

Updated: 07 December 2022; Ref: scu.199801