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
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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.
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
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.
Thank you for your response.
Emotional abuse can be just as bad.
Take at look at this link:
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:
If you have any more questions just follow up in this link and I can help you for free.
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.