Brooks v Brooks

JurisdictionEngland & Wales
CourtHouse of Lords
Judgment Date29 June 1995
Date29 June 1995
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39 cases
  • W v W (Periodical Payments: Pensions)
    • United Kingdom
    • Family Division
    • Invalid date
  • F.J.W.T.-M. v C.N.R.T.-M.
    • Ireland
    • High Court
    • 22 June 2004
    ...Brooks v. Brooks [1993] Fam. 322; [1993] 3 W.L.R. 548; [1993] 4 All E.R. 917 (H.C); [1994] 3 W.L.R. 1292; [1994] 4 All E.R. 1065 (C.A.); [1996] A.C. 375; [1995] 3 W.L.R. 141; [1995] 3 All E.R. 257 (H.L). C.F. v. J.D.F. (Unreported, High Court, O'Sullivan J., 16th May, 2002). Chaine-Nickson ......
  • Pauline Siew Phin Chai v Tan Sri Dr. Khoo Kay Peng and Others
    • United Kingdom
    • Family Division
    • 6 April 2017
    ...the existence of a trust, as discussed under the last heading above, where no exercise of discretion is involved. The starting point is Brooks v. Brooks [1995] 2 FLR 13 where Lord Nicholls identified the indicia of a 'settlement' for the purposes of S.24 of the Act by saying: "… broadly st......
  • Nr (Petitioner) v AB (1St Respondent) Bco Ltd (2Nd Respondent) Mb (3Rd Respondent) Lb (4Th Respondent)
    • United Kingdom
    • Family Division
    • 22 February 2016
    ...capable of constituting a nuptial settlement (which is itself capable of variation) provided that it fulfils the legal test set out in Brookes v Brookes [1995] 2 FLR 13. In his judgment, Lord Nicholls of Birkenhead said this at page 19: "In the Matrimonial Causes Act 'settlement' is not def......
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1 firm's commentaries
  • A Family Affair
    • United Kingdom
    • Mondaq UK
    • 10 October 2016
    ...and this is fact-specific, although the courts have given it a broad meaning. The clearest definition was given in Brooks v Brooks [1996] AC 375. A 'nuptial settlement' is made on the parties to the marriage making some form of continuing provision for both or either of the parties to the m......

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