15 MAR 2016

Family loans (again): What about a variable nuptial settlement?

Rhys Taylor

Barrister and Arbitrator


Family loans (again): What about a variable nuptial settlement?
Nuptial settlements for the purposes of s 24(1)(c) of the Matrimonial Causes Act 1973 have been said to be strange legal animals. A review of the case law reveals that they can crop up in all kinds of circumstances.

In this article Rhys Taylor considers whether a family loan, used to help parties purchase a matrimonial home, which is then secured by a charge registered at the Land Registry, might fall within s 24(1)(c). The article explores this possibility and the likely consequences if a court found such a  loan to be a nuptial settlement.

Might the court then have the power to delay repayment of the loan or to vary the payment terms? This might provide a resource to assist where both parties’ housing needs exceed the available matrimonial pot.

The full version of this article appears in the March 2016 issue of Family Law.

Online subscribers can access the full version of the article 

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