P v P [2015] EWCA Civ 447; [2015] WTLR 1039

Nuptial Settlements: Consistency is key

Claire Blakemore and Jemma Thomas give the lowdown on trusts and divorce ‘There are examples of cases where the trust was not managed consistently with all of the trust documents. This can be damaging to those seeking to protect trust assets on divorce.’ Establishing whether the court is likely to view the trust as a …

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Trusts: A safe foundation

Claire Blakemore suggests that when dealing with trust assets, even the powers of the family courts have their limits ‘Any inconsistencies between how the trust is used or the trust documentation and the presentation to the court can have a significant impact on the outcome.’ The law on the treatment of trusts on divorce is …

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Trusts: Available assets

Charlotte Conner outlines the challenges when dealing with cases involving trusts ‘This is an area fraught with difficulty as the court is being asked to deal with assets which are not legally owned by either party to the proceedings.’ The recent Court of Appeal decision in P v P [2015] brings into focus key issues …

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Nuptial Settlements: Break it up

Antonia Barker outlines P v P, which sheds light on the circumstances in which a trust will be considered a nuptial settlement ‘Practitioners should be aware that even where the ultimate trust is not a nuptial settlement, any individual settlement of an asset into that trust, or even the right to occupy a trust property, …

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