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

Date:15 MAR 2016
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Barrister, arbitrator and mediator
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.

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Read the full article here.