C v C

C v C

The court has jurisdiction under s.24(1)(c) Matrimonial Causes Act 1973 to vary The Hickory Trust as a post-nuptial settlement, notwithstanding the parties' removal as beneficiaries, because the settlement retains nuptial features and the statutory jurisdiction cannot be ousted by exclusive jurisdiction or proper law clauses. English law, not Jersey law, applies to the application for variation, as the relevant provisions are mandatory and relate to the proprietary effects of marriage.

Parties
Petitioner Wife: Wilson; First Respondent Husband: C
Jurisdiction
England and Wales
Judgment Date
02 April 2004
Procedural Posture
Family/ancillary Relief / Interlocutory Judgment on Jurisdictional Issues Prior to Determination of Ancillary Relief
Outcome
Husband's jurisdictional objections dismissed; court holds it has jurisdiction to entertain the wife's application for variation of settlement under English law.
Legal Topics
Variation of Post Nuptial Settlements, Jurisdiction Over Foreign Trusts, Recognition of Trusts Act 1987, Exclusive Jurisdiction Clauses, Proprietary Effects of Marriage
Family Law Trusts and Equity Private International Law Variation of Post Nuptial Settlements Jurisdiction Over Foreign Trusts Recognition of Trusts Act 1987 Exclusive Jurisdiction Clauses Proprietary Effects of Marriage

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Parties

Wilson

Petitioner Wife

C

First Respondent Husband

Procedural Posture

Family/ancillary Relief / Interlocutory Judgment on Jurisdictional Issues Prior to Determination of Ancillary Relief

Legal Issues

  1. 1 Whether the court has jurisdiction to vary a post-nuptial settlement (The Hickory Trust) after the parties were removed as beneficiaries
  2. 2 Whether the exclusive jurisdiction clause in favour of Jersey courts ousts the English court's jurisdiction
  3. 3 Whether English or Jersey law applies to the variation application

Ratio Decidendi

The court has jurisdiction under s.24(1)(c) Matrimonial Causes Act 1973 to vary The Hickory Trust as a post-nuptial settlement, notwithstanding the parties' removal as beneficiaries, because the settlement retains nuptial features and the statutory jurisdiction cannot be ousted by exclusive jurisdiction or proper law clauses. English law, not Jersey law, applies to the application for variation, as the relevant provisions are mandatory and relate to the proprietary effects of marriage.

Court Disposition

Husband's jurisdictional objections dismissed; court holds it has jurisdiction to entertain the wife's application for variation of settlement under English law.

Orders

  • The wife's application for variation of The Hickory Trust may proceed in the English court under s.24(1)(c) Matrimonial Causes Act 1973.
  • The court will apply English law to the application.