CHAPTER 66. An Act respecting Marriage Settlements [Assented to March 10th, 1916.] IS MAJESTY, by and with the advice and consent of the 1. This Act may be cited as "The Marriage Settlement Act." Short title. 2. In this Act, unless the context otherwise requires (a) the expression "contracting party" means any person "contracting who is about to enter into or has already entered into a marriage; party." tlement. (b) the expression "marriage settlement" means any in- "marriage setdenture, contract, agreement, covenant or settlement entered into in consideration of marriage, whereby any contracting party to a marriage agrees to pay any sum or sums of money to or for the benefit in any way of himself or the other contracting party, or the issue of any marriage of such contracting party, or whereby any contracting party shall settle, grant, convey, transfer, mortgage or charge, or agree to settle, grant, convey, transfer, mortgage or charge, any real or personal property of any kind or description upon or to any person for the benefit in any way of himself or the issue of any marriage of such contracting party or to or for the benefit of the other contracting party to such marriage; (c) the expression "settlor" means any party named or “settlor." described in a marriage settlement who agrees or is liable to pay any sum or sums of money mentioned therein, or who in any marriage settlement settles, grants, conveys, transfers, mortgages or charges, or agrees to settle, grant, convey, transfer, mortgage or charge, any real or personal property upon or to any person. writing; affi each of parties as to bona fides. 3. Every marriage settlement shall be in writing, signed by Must be in the parties thereto, and shall be accompanied by an affidavit of avit of wita subscribing witness thereto of the due execution thereof, and ness. an affidavit by each of the parties thereto that the settlement Affidavit of entered into is bona fide and not for the purpose of delaying, defeating or defrauding the creditors of the settlor; and the said marriage settlement and affidavits shall be registered as by this station Act provided within three months from the date of the execution thereof, otherwise the marriage setlement shall be absolutely and void as null and void as against the creditors of the settlor named there within 3 months Otherwise null against creditors. And also as against subse- in, whether the claims of such creditors existed before or after the making of the said marriage settlement, and also as against mortgagees in subsequent purchasers or mortgagees, in good faith, for good quent pur chasers or good faith. And also as against assignee under "The Assign and valuable consideration, and as against an assignee of the settlor under "The Assignments Act," and, unless the said ments Act." marriage settlement and affidavits are registered as aforesaid, No claim based no claim based upon such marriage settlement can be made by settlement can any person upon the assets of the settlor under the provisions "The Assign of "The Assignments Act" or any amendments thereto or any Act which may be substituted therefor. upon marriage be made under ments Act" unless settle ment registered. Person becom ing resident of has made a marriage set tlement outside of Manitoba, must register months after becoming resident. results follow as in section 3. 4. Should any person hereafter become a resident of the Manitoba who Province of Manitoba, and who, prior to becoming such resident, has, either before or after the passing of this Act, entered into a marriage settlement outside of the Province of Manitoba, same within 6 such marriage settlement or a sworn copy thereof shall within six months after he becomes a resident of the Province of Manitoba be registered as by this Act provided, otherwise Otherwise same the same shall be absolutely null and void as against the creditors of the settlor, whether the claims of such creditors existed before or arose after the making of the said marriage settlement, and also as against subsequent purchasers or mortgagees, in good faith, for good and valuable consideration, and as against an assignee of the settlor under "The Assignments Act," and unless the said marriage settlement or a sworn copy thereof shall be registered as aforesaid, no claim based upon such marriage settlement can be made by any person upon the assets of the settlor under the provisions of "The Assignments Act" or any amendments thereto or any Act which may be substituted therefor. Non-resident who com mences to carry Manitoba who has made a marriage set tlement outside of Manitoba must register same within 6 months after he com on business. 5. Should any person who is not now a resident of the Province of Manitoba, hereafter, without becoming a resident of on business in said Province, commence to carry on business in said Province, who, prior to so commencing business in said Province, had either before or after the passing of this Act entered into a marriage settlement outside of said Province, such marriage settlement or a sworn copy thereof shall within six months after he commences to carry on business in the said Province, mences to carry be registered as by this Act provided; otherwise the same shall be absolutely null and void as against the creditors of the settlor whether the claims of such creditors existed before or results follow as arose after the making of the said marriage settlement, and also as against subsequent purchasers or mortgagees, in good faith, for good and valuable consideration, and as against an assignee of the settlor under "The Assignments Act," and unless the said marriage settlement or a sworn copy thereof shall be registered as aforesaid, no claim based upon such marriage settlement can be made by any person upon the assets of the settlor under the provisions of "The Assignments Act" or any amendments thereto or any Act which may be substituted therefor. Otherwise same in section 3. office of clerk of 6. Every marriage settlement shall be registered in the office Registration in of the clerk of the County Court of the judicial division within the County which the settlor resides, or, if the settlor does not reside in the Court. Province of Manitoba, in the office of the clerk of the County Court of the judicial division wherein the settlor carries on business, and every such clerk shall register all such marriage settlements handed to him for that purpose, and shall at the time of his receipt thereof endorse thereon the day, hour and year of receiving the same in his office. The fee payable to the clerk for each registration shall be 75 cents. Fee for registration. |