Avoidance of voluntary and marriage settAvoidance of voluntary and marriage settlements.

### Avoidance of voluntary and marriage settlements. E.B.A., s. 42. N.S.W., s. 55. Vic., s. 143. S.A., ss. 158–160. W.A., s. 45. Q., s. 106. Tas., s. 84. (Cf. Bd. T. R., par. 198.) 94.—(1.) Any settlement of property not being— (a) a settlement made before and in consideration of marriage, or made in favour of a purchaser or encumbrancer in good faith and for valuable consideration, or (b) a settlement made on or for the wife or children of the settlor of property which has accrued to the settlor after marriage in right of his wife, shall, (i) if the settlor becomes bankrupt within two years after the date of the settlement—be void against the trustee in the bankruptcy; and (ii) if the settlor becomes bankrupt at any subsequent time within five years after the date of the settlement—be void against the trustee in the bankruptcy, unless the parties claiming under the settlement can prove that the settlor was at the time of making the settlement able to pay all his debts without the aid of the property comprised in the settlement, and that the settlor’s interest in the property passed to the trustee of the settlement or to the donee thereunder on its execution. ###