Articles, Marriage - Definition - Law Dictionary Home Dictionary Definition articles-marriage

Definition :

Articles, Marriage, An agreement made in consideration of marriage, generally to secure a provision by conveyance or settlement for the spouses or one of them and the children of the marriage, must, under the Statute of Frauds, 29 Car. 2, c. 3, s. 4, be in writing and will not be enforced unless evidenced in writing, see Montacute v. Maxwell, 1 P Wms 618, and Butterfield v. Heath, (1852) 15 Beav 408. In equity the Articles are considered as minutes of agreement and to create executory trusts, and the Court will give effect to the intention accordingly without strict or any regard to an improper or informal use of words, see Stamford v. Hobart, (1710) 3 Br PC (Tomk. Ed) 31, and Blandford v. Marlborough, (1743) 2 Atk. 542, and therefore the rule in Shelley's Case (now abolished in regard to instruments coming into operation after 1925, see Law of Property Act, 1925, s. 131) was not applied in construing or executing the Articles. See Norton on Deeds.