Q&As

In the case of a property held abroad by a husband and wife, where the local law does not allow for the transfer of any interest in land to a non-national of that area, can a transfer of property of one party's interest to the other be effected by an application to vary a nuptial settlement, or is there some other action that should be taken? Why does form A only refer to a variation of trusts for a child? Should the form be adapted manually?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 18/03/2019

The following Family Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • In the case of a property held abroad by a husband and wife, where the local law does not allow for the transfer of any interest in land to a non-national of that area, can a transfer of property of one party's interest to the other be effected by an application to vary a nuptial settlement, or is there some other action that should be taken? Why does form A only refer to a variation of trusts for a child? Should the form be adapted manually?

In the case of a property held abroad by a husband and wife, where the local law does not allow for the transfer of any interest in land to a non-national of that area, can a transfer of property of one party's interest to the other be effected by an application to vary a nuptial settlement, or is there some other action that should be taken? Why does form A only refer to a variation of trusts for a child? Should the form be adapted manually?

There are practical limitations on the powers of the courts of England and Wales in respect of properties in foreign jurisdictions. While the court has the power to make a property adjustment order (see section 24 of the Matrimonial Causes

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