1KBW on Trusts in Matrimonial Finance Proceedings

TBC

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.

• 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 MaterialsInsolvency 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