The Law Reports (Family Division)
[2004] Fam 141
Family Division
C
v
C (Ancillary Relief: Nuptial Settlement)
[2004] EWHC 742 (Fam)
2004 March 1,
2,
3;
April 2
April 2
Wilson J
Husband and wife
— Settlement
— Variation
— Post-nuptial settlement
— Trust made on husband and wife
— Wife applying for variation of trust on divorce
— Parties ceasing to be beneficiaries by time of application
— Whether power to vary
—
Matrimonial Causes Act 1973 (c 18), s. 24(1)(c)
Conflict of laws
— Jurisdiction under European Convention
— Variation of trust
— Trust made on husband and wife
— Trust governed by Jersey law
— Wife applying for variation of trust on divorce
— Whether English court's provisions for disposing of application “designated by the conflicts rules”
— Whether parties permitted to derogate from provisions by voluntary act
— Whether provisions relating to “personal and proprietary effects of marriage”
— Whether English law applicable
— Whether court having jurisdiction
—
Recognition of Trusts Act 1987 (c 14), Sch, art 15