The Practitioner’s Forum on Trusts in Divorce

Registration
09:00

Chairperson’s Welcome
09:30

Understanding How and When Trusts are Brought into Divorce
09:40

• The trust as an asset 
• Stress testing against divorce 
• The powers of the family court 

The Cast List: Knowing the Parties Involved in Proceedings, How to Represent Them, Join Them to the Litigation or Attack Them
10:20

• Trustees
• Beneficiaries
• Settlors
• Protectors

Networking & Refreshment
11:00

Understanding Effective Methods of Attacking and Defending Trusts During Divorce Proceedings
11:20

• Lines of attack to get into a trust 
• How best to defend the trust 
• Challenging the validity of a trust 
• Arguing the trust assets are a financial resource available for division 

Highlighting Key Factors Surrounding Trust Disclosure During Divorce Litigation
12:00

• Dealing with non-disclosure and the forms it can take 
• Different orders that can be issued during proceedings 
• 3rd Party Disclosure Orders

Examining Firewall Provisions in Relation to Foreign Divorce Orders
12:40

• Joinder of trustees to proceedings 
• Pros and cons to submitting to foreign court orders 
• How enforcement can vary depending on the jurisdiction

Networking & Lunch Break
13:20

Exploring How Prenuptial and Postnuptial Agreements Can Mitigate Divorce Impacts on Structures
14:20

• Submitting to jurisdictions 
• Fixing choice of law 
• Arbitration 

Insights into Deciding if a Trust is a Nuptial Settlement
15:00

• How does the court determine if the trust is a settlement 
• Can the trust later be considered nuptial if it wasn’t initially 
• The impact of other beneficiaries

Networking & Refreshment Break
15:40

Tax Implications, Consequences and Pitfalls
16:00

• What to consider and what to avoid 
• Tax traps and consequences upon settlement 
• Tax upon separation of assets 

Identifying Recent Developments in Judgments and Enforcement of Divorce Orders Against a Trust
16:40

• What can the trustee do to facilitate settlement 
• Jurisdictional differences 
• What has the Barclay case shown us

Chairperson's Closing Remarks
17:20

Networking Drinks Reception
17:30