Nuptial Settlements

It is a common misconception that a Nuptial Settlement is similar to a pre or post Nuptial agreement but this is not the case.

Nuptial Settlements are trusts that benefit one or both parties to a marriage and have specific reference to a marriage. They can be entered into before or after the marriage.

There are often disputes, usually after parties separated as to whether or not a Trust is a nuptial settlement or not. This is because when the courts are dealing with the matrimonial finances under a Financial Remedy application they have power to vary the settlement to make provision for one party or the marriage or their children.

Nuptial settlements are a particularly complicated area of law. It is important that advice is received before setting up a trust that could be considered a nuptial settlement so that all involved fully understand the implications of that trust should the marriage breakdown. Equally it is important that both parties receive legal advice in the event of separation to ensure that all of the assets, in particular any trusts are dealt with appropriately.

Contact

If you require advice and help about Nuptial Settlements or you would like to discuss further how Hunt & Coombs can help you with this or any other area of family law or divorce please contact our Family Law Servcies & Divorce Team on: