Trusts in Divorce: The 2nd Annual Practitioner’s Forum

Networking & Registration
09.00

Chairs' Opening Remarks
09.30

An Overview of Trusts Factor in Divorce Proceedings
09.40

• The trust as an asset 
• Sham trusts in divorce litigation 
• The powers of the family court over trust assets 
• The use of trust instruments in proceedings 
• Effective methods of attacking and defending trusts during divorce litigation

Highlighting Key Disclosure Factors During Divorce Proceedings
10.25

• What to do when matters of privilege arise 
• 3rd party disclosure orders 
• Which order to apply apply for and when
• Duty of disclosure

Networking & Refreshment Break
11.10

Insights into Wealth and Trust Protection
11.30

• What to consider when drafting pre- and post-nuptial agreements 
• What constitutes undue pressure 
• Family charters

Protecting Clients in the Event that a Party Dies
12.15

• 1975 Act claims
• Covenants regarding wills and trusts 
• Engaging with trustees in respect to potential death of a party

Networking and Lunch Break
13.00

Analysing Jurisdictional Variations in Relation to Trusts in Divorce
14.00

• How different jurisdictions approach trusts in divorce  
• How disclosure orders are reacted to  
• Navigating firewall legislation 

Understanding International Divorces, Non-Dom Reforms and Multi-Jurisdictional Structures
14.45

• How the abolition of the non-dom regime can and will impact divorces 
• Litigating and defending international structures 
• Mixed domicile marriages 
• Will this impact London being the divorce capital of the world 

Networking & Refreshment Break
15.30

Exploring Wealth Planning and Tax Matters in the Context of Divorce
15.50

• Transferring of assets 
• When to onboard a wealth planner
• Taxable funds within a trust 
• Onward gifting rules 
• Benefits of wealth planning for practitioners and clients

Navigating Claims of Third Parties and Interveners
16.35

• Joining trustees to proceedings 
• When and who to add to the litigation
• Acting for and against third parties

Chairs' Closing Remarks
17.20

Networking & Drinks Reception Hosted by Nedbank Private Wealth
17.30