Brooks v Brooks

JurisdictionEngland & Wales
Judgment Date29 June 1995
Date29 June 1995
CourtHouse of Lords
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43 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 ......
  • Li Quan (Petitioner) v William Stuart Bray and Others
    • United Kingdom
    • Family Division
    • 27 October 2014
    ...must be the speech of Lord Nicholls of Birkenhead (with whom Lords Keith of Kinkel, Ackner, Lloyd of Berwick and Steyn all agreed) in Brooks v Brooks [1996] AC 375, [1995] 3 WLR 141, [1995] 2 FLR 13. At 391, 147 and 19 respectively Lord Nicholls said this: 'The section is concerned with a......
  • Pearce v Pearce
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 28 July 2003
    ...by a variation of settlement order, provided that the pension plan can be construed as a post nuptial settlement: see Brooks v Brooks [1996] AC 375. 16 The antecedents of section 31(7A)-(7B) are very clear. The 1984 amendment had imposed upon the court a duty to search for the termination o......
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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......
2 books & journal articles
  • Table of Cases
    • United Kingdom
    • Wildy Simmonds & Hill A Practitioner's Guide to Inheritance Act Claims 4th ed
    • 14 August 2023
    ...Brindley v Brindley [2018] EWHC 157 (Ch), [2018] 2 WLUK 199 283 xviii A Practitioner’s Guide to Inheritance Act Claims Brooks v Brooks [1996] 1 AC 375, [1995] 3 WLR 141, [1995] 3 All ER 257, [1995] 2 FLR 13, HL 248, 250, 252 Budd v Fowler [1999] CLY 4635, [1998] 12 WLUK 72, Peterborough Cty......
  • Powers of the Court to Make Orders
    • United Kingdom
    • Wildy Simmonds & Hill A Practitioner's Guide to Inheritance Act Claims 4th ed
    • 14 August 2023
    ...interests of married people and their children’. The term ‘settlement’, in most cases, has been given a wide meaning. In Brooks v Brooks [1995] 2 FLR 13, Lord Nicholls of Birkenhead said: The authorities have consistently given a wide meaning to settlement in this context, and they have spe......

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