58. Marriage settlements.

58.     Marriage settlements.

In the case of a marriage settlement where a post-nuptial settlement differs from articles entered into before marriage, the court will apparently always set up the articles1. Similarly when an ante-nuptial settlement purports to be in pursuance of articles entered into before marriage and there is any variance, no evidence beyond the articles is necessary in order to have the settlement rectified2. There must be clear evidence of the terms of the articles and a mere recital of their terms in a post-nuptial settlement will not enable what has been recited to be set