In practical terms, the England and Wales court has the unlimited statutory power to order, ancillary to a divorce, the variation of a nuptial settlement for the benefit of a party to a marriage. The situs and proper law of a trust, and the location of the assets held by a trust, are not ordinarily relevant considerations for the court in considering whether, and in what manner, to exercise this statutory power. However, these are highly relevant considerations for a trustee, whose approach to the litigation will be a matter of significant interest to the parties to the matrimonial litigation and their lawyers.
Antonia Felix and Peter Steen compare the viewpoints of a family lawyer and a trust lawyer on the variation of nuptial settlements in England and Wales.
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