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.

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

“I would strongly recommend this to anyone having to deal with a case involving a trust or nuptial settlement for the first time and even for those of us who do these kinds of cases more regularly I think this is a helpful guide which includes enough detail to be worth a look.” –  Family Affairs, 2019