Our team is highly experienced in acting for clients who may need to challenge or defend trust and corporate entities and in advising trustees or company directors who may find themselves embroiled in divorce proceedings. We understand that many structures are properly and lawfully set up with a view to limiting tax liabilities or ensuring that wealth can be passed down through generations. If, however they have been set up to place assets beyond the reach of the courts on divorce, action will need to be taken.
Trust assets which are found to be nuptial settlements on divorce can be subject to orders which vary the terms of the trust and trustees may face an order to pay one spouse. If the trust is not a nuptial settlement the court may take the assets into account as a resource available to a spouse who is a beneficiary.