Legal Definitions - wife's settlement

The term "wife's settlement" refers to a historical legal principle known as the equity to a settlement. This was a right that a married woman possessed in a court of equity to have a portion of her own property, which her husband would normally gain control over upon marriage, set aside for her and her children's maintenance and support.

This right typically arose when the husband or his creditors needed the assistance of a court of equity to access or gain control over the wife's property. In such situations, the court, acting on principles of fairness and justice, could impose a condition: it would require that a reasonable portion of the wife's property be "settled" (i.e., legally secured) for her independent use and for the benefit of her children, before allowing the husband or his creditors to take the remainder.

The equity to a settlement was a crucial protection for married women in an era when their legal identity and property rights were largely subsumed by their husbands under common law. While this principle is largely obsolete today due to modern married women's property acts and family law reforms that grant women full control over their own assets, understanding it provides insight into the historical development of women's rights.

Here are some examples illustrating how the equity to a settlement might have applied:

• Example 1: Protecting an Inheritance from Husband's Creditors

  Imagine a scenario where a wife was due to inherit a significant sum of money from her deceased parents. Her husband, however, had accumulated substantial debts, and his creditors sought a court order to seize the wife's upcoming inheritance to satisfy these debts. Historically, because the creditors needed the assistance of a court of equity to access this specific type of property (often referred to as the wife's "equitable choses in action"), the court could invoke the equity to a settlement. It would require a portion of that inheritance to be legally set aside and secured for the wife's and her children's independent support, protecting it from the husband's creditors, before allowing the remaining funds to be used to pay off his debts.

• Example 2: Husband Seeking Control of Wife's Trust Income

  Consider a situation where a wife was the beneficiary of a trust established by her family, which provided her with a regular income. Her husband, needing capital for a speculative business venture, sought a court order to gain full control over the principal (the main body of assets) of this trust, rather than just the income. If the husband required the court's equitable intervention to access or control the trust's principal, the court could apply the equity to a settlement. It would condition its assistance on the husband agreeing to settle a substantial portion of the trust's assets or income directly for the wife's and children's independent use and maintenance, thereby safeguarding her financial future before granting the husband any control over the remaining funds.

• Example 3: Wife's Property Held by a Third Party

  Suppose a wife owned valuable shares in a company, but these shares were legally held by a trustee on her behalf. Her husband wished to sell these shares to fund a personal expense and needed a court order to compel the trustee to release them to him. In this instance, because the husband was seeking the court's equitable intervention to compel the trustee to act, the court could insist on a wife's settlement. This would mean that a portion of the value of those shares, or the proceeds from their sale, would have to be legally set aside and secured for the wife's and her children's benefit, ensuring their financial provision before the husband could take control of the remaining assets.