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

Variation of ante and post nuptial settlements

Date:24 OCT 2007

Martyn Bennett, Barrister, Oriel Chambers, Liverpool. Under s 24(1)(c) of the Matrimonial Causes Act 1973 (MCA 1973), upon granting a decree of divorce, nullity or judicial separation, the court may make an order varying for the benefit of the parties to the marriage and of the children of the family, or either or any of them, any ante-nuptial (ANS) or post-nuptial settlement (PNS) (including such a settlement made by will or codicil) made on the parties to the marriage. This excludes those in the form of a pension arrangement and, under s 24(1)(d), an order extinguishing or reducing the interest of either of the parties to the marriage under any such settlement, other than one in the form of a pension arrangement. In this article, Martyn Bennett discuses the different types of nuptial settlements and the procedures and issues in applying for their variation. For the full article see October [2007] Fam Law.