BJ v MJ (Financial Remedy: Overseas Trusts) [2011] EWHC 2708 (Fam); [2012] WTLR 395 – Page 2

Trusts And Divorce: Piercing the corporate veil

Prest shows that family judges must uphold company law when considering what constitutes the matrimonial pot, as James Copson discusses Where Family Division judges have fallen into error time and again has been their reliance on what Cumming-Bruce LJ referred to as ‘abundant authority’ in Nicholas that the veil can be lifted if there are …

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Trusts: Offshore assets and the divorce pot

Leela Hemmings examines the approach of the UK divorce court to offshore trusts and trustees in BJ v MJ ‘Relying on the court’s authority pursuant to the Matrimonial Causes Act 1973, the judgment reviewed the various forms of trusts and discussed how each would be treated in divorce proceedings.’ Often the biggest unknown in financial …

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