Quan v Bray & Ors [2014] EWHC 3340 (Fam) (27 October 2014)

Quan v Bray & Ors [2014] EWHC 3340 (Fam) (27 October 2014)

CTSAT was established and operated solely for the charitable purpose of tiger conservation and not for the benefit of the parties as spouses. There was no evidence of any existing or intended benefit to the parties from the trust, nor any flow of benefit during the marriage. Accordingly, CTSAT is not a post-nuptial settlement capable of variation under s24 MCA 1973, nor is it a resource available to the husband under s25.

Citation
[2014] EWHC 3340 (Fam)
Parties
Petitioner: Li Quan; First Respondent: William Stuart Bray; Second Respondent: Maitland (Mauritius) Ltd; Third Respondent: Chinese Tigers South Africa Trust; Fourth Respondent: Save China's Tigers (SCT UK); Fifth Respondent: Ralph Edmund Bray; Sixth Respondent: Conservation Finance Limited
Jurisdiction
England and Wales
Judgment Date
27 October 2014
Procedural Posture
Financial Relief/divorce (family Division) / Preliminary Issue Trial on Nuptial Settlement and Resource Status of Trust
Outcome
Application dismissed. CTSAT is not a post-nuptial settlement and is not a resource for financial relief.
Legal Topics
Post Nuptial Settlements, Variation of Settlements, Charitable Trusts, Financial Provision on Divorce, Trusts as Resources
Family Law Trusts and Charities Post Nuptial Settlements Variation of Settlements Charitable Trusts Financial Provision on Divorce Trusts as Resources

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Parties

Li Quan

Petitioner

William Stuart Bray

First Respondent

Maitland (Mauritius) Ltd

Second Respondent

Chinese Tigers South Africa Trust

Third Respondent

Save China's Tigers (SCT UK)

Fourth Respondent

Ralph Edmund Bray

Fifth Respondent

Conservation Finance Limited

Sixth Respondent

Procedural Posture

Financial Relief/divorce (family Division) / Preliminary Issue Trial on Nuptial Settlement and Resource Status of Trust

Legal Issues

  1. 1 Whether the Chinese Tigers South Africa Trust (CTSAT) is a post-nuptial settlement capable of variation under Matrimonial Causes Act 1973 s24
  2. 2 Whether CTSAT or its assets are a resource available to the husband for the purposes of financial relief under s25 MCA 1973

Ratio Decidendi

CTSAT was established and operated solely for the charitable purpose of tiger conservation and not for the benefit of the parties as spouses. There was no evidence of any existing or intended benefit to the parties from the trust, nor any flow of benefit during the marriage. Accordingly, CTSAT is not a post-nuptial settlement capable of variation under s24 MCA 1973, nor is it a resource available to the husband under s25.

Court Disposition

Application dismissed. CTSAT is not a post-nuptial settlement and is not a resource for financial relief.

Orders

  • No order for variation of CTSAT under s24 MCA 1973.
  • No lump sum or financial relief order against the husband based on CTSAT assets.