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Trusts and divorce

There have been a number of legal developments which have brought into sharp focus the trust-related issues which arise in the context of divorce.

How can we help?

We are engaged by our clients and/or their family law advisers to advise on the trust law aspects of complex, high value (and often international) divorces.

For example, we are asked to advise trustees and beneficiaries on the nature of a divorcing party’s trust interest, on disclosure of information and documentation relating to a trust in divorce proceedings, the steps which may be taken to protect the integrity of a trust in anticipation of divorce (or marriage) and the personal tax and estate planning implications of receiving a financial settlement upon divorce.

Trustees also look to us for advice on their position in divorce proceedings where there are sensitive fiduciary/confidentiality considerations but also complications regarding the jurisdiction of the UK courts and enforcement of a matrimonial order against a trustee.

Pre-nuptial and post-nuptial agreements

We also have experience of working with clients and their family law advisers on pre-nuptial and post-nuptial agreements.