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Philanthropy and the divorce courts: the case of the disappearing tiger – Quan v Bray (£)
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Louise Spitz Consultant and Kate Molan Associate Penningtons ManchesIn
Quan v Bray and Others [2014] EWHC 3340 (Fam) [2015] 1 FLR (forthcoming and reported at [2015] Fam Law 29) Mr Justice Coleridge found that a charitable trust established by the parties during their marriage for the preservation and welfare of the Chinese tiger was not a post-nuptial settlement capable of variation under s 24 of the Matrimonial Causes Act 1973.
Mr Justice Coleridge categorised a nuptial settlement as a settlement 'made on the parties to the marriage' which made some form of continuing provision for both or either party with or without provision for any children. Furthermore a settlement which was non-nuptial at its inception could subsequently become ‘nuptialised’ if there was a proven flow of benefit to the parties during the marriage. A later disposition from a trust could also in itself constitute a post-nuptial settlement. In the particular circumstances of the case a vague unspecified intention to benefit the parties in the future was not sufficient to nuptialise the settlement. ...
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