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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1100
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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My husband has a Jersey based discretionary Trust of which

Customer Question

my husband has a Jersey based discretionary Trust of which family are beneficiaries but it now states that wife is excluded .
In the event of a divorce what claim would i (wife) have over assets in the trust ?
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

I can confirm that should either of you issue for divorce - then either of you are able to make a claim in respect of the matrimonial finances.

The matrimonial finances incudes all assets and liabilities of both of you - this would include his interest in the trust.

Your husband would have to disclose details of the trust in the disclosure stage.

Division would be dependant upon need and the other matrimonial assets available. The starting point for division, for a long marriage over 5 years, being one of equaity.

let me know if I can help you further

kind regards

Caroline

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Customer: replied 1 year ago.
thanks Caroline - somewhere I read that a discretionary trust can be used to protect family assets from forming part of any divorce settlement. I assumed this was the reason i was removed as a beneficiary.
Although the trust is his, it is not in his name - i think originally it was listed in his mothers name - this being the case and since his share of the company he sold was paid into this trust would he still have to declare all details at the disclosure stage?
The marriage has been for 20 years so all assets were accumulated during the marriage .
Many thanks for your help - i know trusts are complicated
Mary-Anne
Expert:  ukfamilysolicitor replied 1 year ago.

Hello Mary-Anne

A family court Judge has a wide discretion and if the purpose of the trust was to devoid you of a settlement then a family court Judge can look behind this.

Your husband will have to disclose all the details.

kind regards

Caroline

ukfamilysolicitor and other Law Specialists are ready to help you
Customer: replied 1 year ago.
thanks Caroline for your advice
have a good evening
Expert:  ukfamilysolicitor replied 1 year ago.

Glad I could help.

For your information the court will look at the following in deciding whether the trust is a sham - in an attempt to devoid you:

• The frequency of payments of income or capital paid out of the trust in the past to the spouse • The trustees’ policy, i.e. did the trustees simply exercise their discretion to pay monies to the beneficiary or did the beneficiary request funds? • The trustees’ stated intention as to their future exercise of their discretion • The purpose for which the trust was established and by whom

Let me know if I can help you further

kind regards

Caroline

Customer: replied 1 year ago.
Thanks, ***** ***** this in mind .
He requests all payments from the trustees - not too sure why the fund was initially set up , i am guessing it was in the days of tax savings . I unfortunately am naive about off shore trusts and financial matters etc .
Thank you for putting my mind at rest - i know it will be a complicated case but hopefully i will not end up with nothing as he has been threatening.
Mary-anne
Expert:  ukfamilysolicitor replied 1 year ago.

Hello Mary-anne

Your husband cannot get around having to disclose all the details - it will unravel.

I am sorry to hear that he has been threatening. Is this physical / emotional? I'm asking because I'm concerned about your personal wellbeing - and it may also help you get legal aid.

kind regards

Caroline

Customer: replied 1 year ago.
Hi Caroline
Only emotional, so not life threatening .
He has only been threatening that i will get nothing and will have to live on the streets !
Thank you for your concern , i just needed advice before i applied for divorce again - I do not want to get into debt with no way of repayment.
Expert:  ukfamilysolicitor replied 1 year ago.

Hello

Thank you for your response.

Emotional abuse can be just as bad.

Take at look at this link:

https://www.gov.uk/government/publications/give-evidence-of-injuries-consistent-with-domestic-violence

Go and see you GP. If your GP considers that you are suffering with a condition such and stress as a result of your husbands behaviour and they complete the letter for you - take it to a family solicitor so that they can complete a free llegal help assessment for you.

This link will help you in respect of the means element for legal aid:

https://www.gov.uk/check-legal-aid

Kind regards

Caroline

Customer: replied 1 year ago.
Thanks very much , I will investigate both links
Best regards
Mary-Anne
Expert:  ukfamilysolicitor replied 1 year ago.

Your welcome.

If you have any more questions just follow up in this link and I can help you for free.

kind regards

Caroline

Customer: replied 1 year ago.
Thanks very much Caroline , I appreciate your help.
Expert:  ukfamilysolicitor replied 1 year ago.

Also if you ever want to speak to someone independent about your husbands behaviour - try these people - they are amazing to have a chat with.

http://www.refuge.org.uk/get-help-now/help-for-women/recognising-abuse/

kind regards

Caroline