Variation of ante and post nuptial settlements

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.

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