Trusts—using trusts or property law in financial proceedings
Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper
Practice notesTrusts—using trusts or property law in financial proceedings
Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper
Practice notesThis Practice Note considers trusts and property law that may be applicable in family proceedings including invalid or sham trusts and property law issues such as proprietary estoppel and improper transfers. It also looks at the circumstances in which the use of such law may assist a party in family proceedings and the evidence required to put forward property or trusts law arguments.
The court may vary a settlement within the meaning of section 24(1)(c) of the Matrimonial Causes Act 1973 (MCA 1973) or Schedule 5, Part 2 to the Civil Partnership Act 2004 (CPA 2004) (see Practice Note: Trusts—variation of a nuptial settlement) or treat trust assets as a financial resource of one of the parties (see: Introduction to trusts within financial proceedings—Trusts as a financial resource). The court may also bring trust assets into account by making findings and/or granting relief based on trusts or property law that go to the substance of relevant trust arrangements.
The main trust/property law considerations for the family law practitioner are whether:
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