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 ‘post-nuptial settlements made on the parties ‘whose marriage is the subject of the decree.’ This submission was made before the registrar, but later abandoned before the hearing was concluded. It has, however, been revived before me and I must deal with it. If he were right in that submission this court would have no jurisdiction to make any order upon this application. I do not entertain any doubt that this submission is wrong. These settlements are settlements of property made in the course of marriage, and they deal with the interests of the children of the marriage. In the disposal of the property for the benefit of each child the respondent wife has been given a voice both as trustee and under the power of appointment even though it is the husband who provides all the money. Under the settlements on the two daughters she also has a beneficial interest in reversion. A settlement can settle on parties to a marriage power over the disposal as well as over the property itself.’
Judges:
Marshall J
Citations:
[1960] P 201
Jurisdiction:
England and Wales
Cited by:
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Trusts, Family
Updated: 20 April 2022; Ref: scu.199725