Marriage Settlement - Law Dictionary Search Results
Home Dictionary Name: marriage settlementMarriage settlement
Marriage settlement, an arrangement made before marriage, and in consideration of it (the highest consideration known to the law), whereby real or personal property is settled for the benefit of the husband and wife and the issue of the marriage. There is an express saving for such a settlement in s. 19 of the (English) Married Women's Property Act, 1882, and see the (English) Married Women's Property Act, 1907 (7 Edw. 7, c. 1), invalidating a settlement made by a female infant unless confirmed after attaining 21, but without prejudice to settlements under the Infants Settlement Act, 1855 (see post, MARRIED WOMEN'S PROPERTY).Although the policy of the land legislation of 1924 was to assimilate the law of real property to that of personalty as far as possible, marriage settlements of land (not being effected by way of trust for sale), and if providing for infant or for a succession of interests in land or charging land (but in this case subject to the (English) Law of Property Amendment...
marriage settlement
marriage settlement 1 : antenuptial agreement 2 : a written agreement regarding matters of support, custody, property division, and visitation upon a couple's divorce called also marriage settlement agreement ...
Marriage articles
Marriage articles, the heads of an agreement for a marriage settlement. Generally speaking, expressions and limitations in these Articles are allowed a more liberal meaning consistently with intention than formal conveyances and settlements, and as two words of limitation, see s. 130, Law of Property Act, 1925, and Norton on Deeds....
Fraudulent settlement
Fraudulent settlement. If a marriage settlement comprises property without which the settlor can-not pay his debts, or contain a covenant for the future settlement of property in which the settlor has no present interest, then, if the settlor become bankrupt, and the settlement appears to have been made to defeat creditors, or was unjustifiable having regard to the state of the settlor's affairs, the Bankruptcy Court may refuse an order of discharge, as if he had been guilty of fraud: (England) Bankruptcy Act, 1914, s. 27....
Derivative settlement
Derivative settlement, in Poor Law that settlement (see SETTLEMENT) which a poor person may acquire from his parent's settlement. The (English) Poor Law Act, 1930 (20 Geo. 5, c. 17), s. 85, enacts:-(1) Until a person acquires a settlement of his own or derives a settlement from a husband, that person-(a) if a legitimate child, shall take and follow, up to the age of sixteen, the settlement of his father, or if and so long as his father has no settlement, the settlement which his mother had immediately before her marriage to his father, but if after the death of the father the mother acquires a settlement (not being a derivative settlement) shall take and follow, up to the age of sixteen, that settlement;(b) if an illegitimate child, shall take and follow, up to the age of sixteen, the settlement of his mother;and shall in either case retain that settlement which under the forgoing provisions of the section he had at the age of sixteen.(2) Deals with the settlement of a married woman.(3...
Age
Age, the criminal responsibility of males and females, and their power to do certain acts, depends upon their age. A child under 7 cannot commit any offence; between the ages of 7 and 14 is presumed to be doli incapax, but this presumption may be rebutted by evidence of the infant's capacity to discern good from evil (malitia supplet 'tatem-malice supplies age). The old rule in criminal matters was that a person of the age of 14 might be capitally punished for any capital offence, but under the age of 7 he could not. A male under the age of 14 years is presumed impotent as well as doli incapax, and since the presumption of impotence cannot be rebutted, R. v. Phillips, 8 C& P 736, he cannot be convicted of an offence involving carnal knowledge, except as a principal in the second degree in a rape, or the like, where if he has a mischievous discretion, the presumption of impotence will not excuse him from aiding and assisting in the commission of the offence. He may, it seems, be convict...
After-acquired property
After-acquired property. A covenant to settle any property that may be acquired by the wife subsequently to the marriage is often inserted in marriage settlements. The construction and effect of such a covenant depends chiefly on the language of the covenant itself. See Wurtzburg on Covenants for the Settlement of a wife's after-acquired property; Bankruptcy Act, 1914, s. 42(2). See SETTLEMENT....
Equity to a settlement (Wife's)
Equity to a settlement (Wife's). Prior to the Married Women's Property Acts (see MARRIED WOMEN'S PROPERTY), the law permitted a husband to possess himself absolutely of the whole of his wife's personal property and the rents and profits, during the coverture, of her realty; the consequence of which was that the wife, however great her fortune, might be left destitute. Whenever, therefore, he or any person claiming in his right was obliged to come into a Court of Equity for the recovery of the wife's property, the Court, as the price of its assistance, required him to make a settlement of some portion of it in favour of the wife and her children, the rule being to settle one-half in ordinary cases, but the whole if the husband were insolvent or had deserted his wife or there had been a dissolution of marriage on the ground of his adultery, Barrow v. Barrow, (1854) 5 De GM&G 782; Morgan v. Morgan, (1854) 2 Eq Rep 1270. The (English) Married Women's Property Act, 1882, by leaving a wife's...
Post-nuptial settlement
Post-nuptial settlement, a settlement made after marriage; it is generally deemed voluntary unless made pursuant to written articles entered intobefore marriage. See VOLUNTARY CONVEY-ANCES....
Strict settlement
Strict settlement, a settlement of land, the object of which was, usually, to keep the estates as far as possible in the male line, the eldest son taking in fee or in tail with successive limitations in tail to the exclusion of the younger children, who are pro-vided for by means of portions charged on the property. The limitations vary according to the circumstances of each particular case, but the following may be taken as usual limitations in the case of an ordinary settlement on marriage before 1926: To the use of the husband for life, remainder, subject to a jointure rent-charge to the wife and a term for raising portions for younger children, to the first and other sons in tail-male, remainder to the first and other sons in tail general, remainder to the daughters as tenants in common in tail with cross remainders between them, remainder to the husband in fee. Where the estate also comprised copyholds and leaseholds, these were conveyed to trustees upon trusts to correspond with ...
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