Description

Are you working with trust assets and interests in the context of matrimonial and family finance disputes?

A comprehensive guide to issues frequently arising in English matrimonial finance cases, where one or both spouses has an interest in, or access to, trust assets.

Key topics covered include:
Jurisdiction
Service and joinder
Nuptial settlements
Trusts as resources
Enforcement

Chapters summarise the key principles of English family finance and trust principles through diagrams, flowcharts and tables, alongside clear narrative, to ensure the more technical information is intelligible yet authoritative.

An indispensable tool kit for English practitioners and judges working in the field of family finance, as well as those practising in other jurisdictions looking for an accessible guide to the English matrimonial arena. It also contains vital information for trust and corporate lawyers encountering matrimonial disputes when trustees are joined or otherwise intervene in family cases.

Table of Contents

1 Introduction
2 Overview of General Principles in Financial Remedy Proceedings
3 Jurisdiction
4 Submission to the Jurisdiction by Trustees
5 Service and Joinder
6 Disclosure
7 Attacking trusts: formation, validity and 'sham'
8 Nuptial Settlements
9 Trusts as Resources: Thomas v Thomas
10 Avoidance of Dispositions
11 Enforcement
Materials
Insolvency Act 1986 ss 423-425
Limitation Act 1980, ss 8, 9, 21 and 32
Matrimonial Causes Act 1973: Part I and II
Matrimonial and Family Proceedings Act 1984: Part III
Trustee Act 1925, s 61
Trustee Act 2000, Pt 1 Sch 1
Brussels IIa Regulation (Council Regulation No 2201/2003): Recitals, Chapter I and Chapter II
EU Maintenance Regulation (Council Regulation No 4/2009): Recitals, Chapter I and Chapter II
1985 Hague Convention on the Law Applicable to Trusts and on their Recognition
Part VII of the Trusts Law (2017 Revision) – Cayman Islands
Article 9 of the Trusts (Jersey) Law 1984 – Jersey – as amended by the Trusts (Amendment No.7) (Jersey) Law 2018
Section 14 of the Trusts (Guernsey) Law 2007 – Guernsey

Product details

Published 31 Jan 2019
Format Paperback
Edition 1st
Extent 320
ISBN 9781526508058
Imprint Bloomsbury Professional
Dimensions 248 x 156 mm
Series 1 KBW on
Publisher Bloomsbury Publishing

About the contributors

Author

Richard Harrison QC

Richard Harrison QC is a family lawyer who special…

Author

Harry Oliver

Harry Oliver is a specialist family barrister at 1…

Author

Laura Moys

Laura Moys is a specialist family barrister at 1 K…

Author

Charlotte Hartley

Charlotte Hartley is a specialist family barrister…

Author

Thomas Dance

Tom Dance is a specialist family barrister at 1 KB…

Author

Max Turnell

Max Turnell is a specialist family barrister at 1…

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