You are here

How secure is a trust?

There is no guarantee that the courts will overlook a trust created prior to marriage when it comes to a nuptial settlement, finds Carmel Brown

17 February 2016

Trusts are often set up by family members in order to make financial provision for their relatives. These sorts of arrangements can often come under attack within family remedy proceedings during a divorce.

A nuptial settlement is a disposition which makes some form of continuing provision for both or either of the parties to a marriage, with or without provisions for their children (Brooks v Brooks [1995] 1 All ER).

However, a settlement may not necessarily be a nuptial settlement even if it benefits one or both of the spouses during the marriage. In K v K (Ancillary Relief: Deed of Appointment) [2009] 2 FLR 936 (FD), it was held that a non-nuptial settlement could not automatically become a nuptial settlement following a marriage, as otherwise, all successional settlements providing benefits for an individual (without a 'nuptial character' at inception), would arguably beco...

Want to read on?

This article is part of our subscription-based access. Please pick one of the options below to continue.

Already registered? Login to access premium content

SUBSCRIBE for one User

Unlimited access to the entire SJ website for a full year for one user.

  • 10 issues a year delivered to you
  • Digital edition of the magazine for one user – sent to your inbox or accessible through the website
  • Access to premium content on the website
  • Access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online
  • Advanced search feature
  • Online support
  • Access to SJ app compatible with Android and Apple devices – coming soon!
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

Subscribe

CORPORATE SUBSCRIPTION

Your department or entire firm can subscribe to Solicitors Journal online, providing easy access for all who require it. Discount corporate subscription rates apply, based on number of users.

The Corporate IP Licence includes:

  • Digital copy of the magazine sent to individuals’ inboxes and accessible through the website. Solicitors Journal publishes 10 issues per year
  • Unlimited access to premium content on the website based on IP addresses
  • Unlimited access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online (username required)
  • Unlimited access to SJ app compatible with Android and Apple devices
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.

To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on emily.beechey@solicitorsjournal.com.