Our articles are written by experts in their field and include barristers, solicitors, judges, mediators, academics and professionals from a range of related disciplines. Family Law provides a platform for debate for all the important topics, from divorce and care proceedings to transparency and access to justice. If you would like to contribute please email editor@familylaw.co.uk.
A day in the life Of...
Kara Swift
Kara Swift
Read on

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

Date:15 MAR 2016
Third slide
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.

Online subscribers can access the full version of the article 

For details on how you can subscribe to Family Law or any other titles, please contact a member of our sales team: Tel 0117 917 5100, or email: editor@jordanpublishing.co.uk

Family Law Reports
Family Law Reports
"The unrivalled and authoritative source of...
Family Law Update 2016
Family Law Update 2016
Coming to a location near you!
Emergency Remedies in the Family Courts
Emergency Remedies in the Family Courts
"A very good tool for the busy family lawyer"...