Trusts in Family Breakdown: Alternative Solutions

Arshoo Singh TEP Solicitor Kingsley Napley

The use of trusts in the context of matrimonial proceedings is not a new phenomenon. In recent articles in Family Law the question of trusts has centred on existing trusts and how to vary or change the terms of the trust to benefit a non-beneficiary of the trust or on establishing the extent of the parties' interests in a trust so as to treat this as a resource of a party to the proceedings. A current hot topic in the private client arena and which is considered in this article is the suitability of trusts where a relationship breaks down between married or unmarried parents to provide a home (whether it is the former matrimonial home or the purchase of another property) for the carer or occupying parent and for children during their minority or until they reach independence (usually when they turn 18 or complete full time education).

Increasingly in an era where the former home is the main asset of the family the party giving away the asset (most commonly the father) would want to safeguard the asset so that the home will pass to the...

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