1KBW on Trusts in Matrimonial Finance Proceedings

Description

DELETE Table of Cases Table of Statutes Table of Statutory Instruments Table of European Legislation Table of International Legislation 1 Introduction Scope of the book 2 Overview of General Principles in Financial Remedy Proceedings A. Introduction B. Powers of the court C. The statutory discretion D. The distributive principles E. Autonomy and agreements F. Non-discrimination and the yardstick of equality G. Special contributions H. Matrimonial and non-matrimonial property I. Needs J. Sharing K. The relationship between needs and sharing L. Compensation M. Income and periodical payments 3 Jurisdiction A. Introduction B. Jurisdiction: divorce C. Jurisdiction: financial relief D. Establishing jurisdiction over foreign trustees 4 Submission to the Jurisdiction by Trustees A. Introduction B. What is ‘submission’? C. What are the consequences of submission for the trustees? D. Directions from the ‘home’ court 5 Service and Joinder A. Introduction B. When and who to serve C. How to serve D. Joinder 6 Disclosure A. Introduction B. Obtaining disclosure from party who is a beneficiary C. Party status and disclosure D. Orders for disclosure against non-parties 7 Attacking trusts: formation, validity and ‘sham’ A. Introduction: valid trusts B. Hidden ownership: the search for realities in matrimonial cases C. ‘Sham’ trusts 8 Nuptial Settlements A. Introduction B. What is the meaning of settlement? C. The ‘nuptial’ element D. Can a nuptial settlement subsequently lose its non-nuptial character? E. Can a non-nuptial settlement subsequently acquire a nuptial character? F. What property is to be regarded as being within the settlement? G. The extent of the power to vary and rights of other beneficiaries H. Telescoping orders I. Enforcement concerns 9 Trusts as Resources: Thomas v Thomas A. Introduction: Trust assets as ‘resources’ B. Looking for ‘realities’ post-Thomas C. Practical guidance in Thomas cases 10 Avoidance of Dispositions A. Introduction B. Section 37 of the Matrimonial Causes Act 1973 C. Section 37 of the Senior Courts Act 1981 and the inherent jurisdiction D. Section 423 of the Insolvency Act 1986 E. Remedies against trustees 11 Enforcement A. Introduction B. Methods of enforcement C. Offshore Legislation: ‘firewall’ provisions D. Conclusion Insolvency Act 1986 ss 423-425 Limitation Act 1980, ss 8, 9, 21 and 32 Matrimonial Causes Act 1973: Part I and II Matrimonial and Family Proceedings Act 1984: Part III Trustee Act 1925, s 61 Trustee Act 2000, Pt 1 Sch 1 Brussels IIa Regulation (Council Regulation No 2201/2003): Recitals, Chapter I and Chapter II EU Maintenance Regulation (Council Regulation No 4/2009): Recitals, Chapter I and Chapter II 1985 Hague Convention on the Law Applicable to Trusts and on their Recognition Part VII of the Trusts Law (2017 Revision) – Cayman Islands Article 9 of the Trusts (Jersey) Law 1984 – Jersey – as amended by the Trusts (Amendment No.7) (Jersey) Law 2018 Section 14 of the Trusts (Guernsey) Law 2007 – Guernsey Index