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TRUSTS: A safe foundation

12 May 2017  

Claire Blakemore suggests that when dealing with trust assets, even the powers of the family courts have their limits

The law on the treatment of trusts on divorce is constantly evolving. While we await the outcome of the appeal in Quan v Bray [2014] on whether assets held by a charitable trust are available to be distributed on divorce, Moor J has handed down judgment in AF v MF [2016], in which the wife’s claims to assets held by a Liechtenstein foundation were restricted as a result of the by-laws of the foundation and how the assets of the foundation had been used during the marriage. The case illustrates the fact-specific nature of the court’s discretion on the treatment of settlements.

Additional Info

  • Case(s) Referenced:

    A v A [2009] WTLR 1

    AF v MF & ors [2016] EWFC 65

    AM v SS [2014] EWHC 865 (Fam)

    Ben Hashem v Ali Shayif & anor [2008] EWHC 2380 (Fam)

    Chai v Peng & ors [2017] EWHC 792 (Fam)

    Charman v Charman [2006] WTLR 1

    FB v PS [2015] EWHC 2797 (Fam)

    J v V (Disclosure: Offshore Corporations) [2003] EWHC 3110 (Fam)

    Joy v Joy-Morancho & ors (No 3) [2015] EWHC 2507 (Fam)

    N v N & anor [2005] EWHC 2908 (Fam)

    NR v AB & ors [2016] EWHC 277 (Fam)

    P v P [2015] EWCA Civ 447

    Quan v Bray & ors [2014] EWHC 3340 (Fam)

    TM v ML & ors [2005] EWHC 2860 (Fam)

    Thomas v Thomas [1995] 2 FLR 668

    Whaley v Whaley [2011] WTLR 1267

    X v X [2016] EWHC 1995 (Fam)

Last modified on 12 May 2017