Trusts on divorce

Dealing with trusts requires specialist expertise. Be confident in our ability to advise and guide you.

Trusts can play a critical role. Whether as part of an effective wealth protection strategy or a resource from which income or capital can be received as part of a financial settlement, trusts are complex. Sensible, straightforward advice is crucial. You can be confident in our ability to deliver that. 

From understanding the legal and commercial dynamics of a trust, to presenting a trust skilfully in negotiations or  successfully attacking or defending the arrangement in court, our long-standing reputation as experts together with support from our award-winning trusts and tax colleagues means we are the leaders in this highly-specialised area.

Our lawyers

Our nationally renowned team combine a deep technical knowledge with clear, practical guidance, expertly handling both onshore and offshore arrangements.

Our experience

We have unmatched experience in advising on the impact of divorce on a trust.  Recent examples of our work include:

  • Advising in one of the largest cases ever brought in the High Court which involved a complex structure of trusts and companies. Representing the beneficiaries of trusts that were under attack, our advice ensured a successful defence, enabling the trusts to continue to provide financial support for future generations.
  • Providing detailed advice on the tax consequences of extracting capital from trusts which provided the key to unlock a financial settlement where the trust assets included shares in property development companies and farms.
  • Regularly advising trustees about wealth protection strategies for the next generation, helping them to preserve family assets and businesses with pre-nups and post-nups and family investment company structures.
  • Successfully representing the interests of the trustees of a substantial land holding and farming business in a divorce involving a trust beneficiary, helping to structure a financial settlement that achieved our clients’ aim of avoiding the trust from being broken up.

Our clients

We help and advise a wide range of clients including:

  • families looking to protect wealth for future generations
  • family offices and professional trustees
  • couples who are divorcing, where one or both spouses are the beneficiaries of a trust

We also regularly advise foreign lawyers and act as consultants for other English lawyers providing them with technical expertise and practical advice.  

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