There are different types of Trusts and how they are treated on divorce can vary.
The existence of the Trust will always need to be disclosed, even if the party who has an interest in a Trust does not feel that it would be relevant or make any difference to the financial settlement.
If one of spouses has received an income and/or capital on a regular basis, the courts are more likely to look at the Trust as a financial resource which can be taken into account within the financial split.
Conversely, the court’s powers are more limited where the Trust interest is not immediately available and there have not been any distributions of income or capital.
In this circumstance, the existence of the Trust may have little influence on the financial split.
Sometimes, Trusts have a nuptial element and have been created for a married couple. The courts have extensive powers to deal with nuptial trusts and it may be easier to transfer monies from the trust or change who benefits from the trust.
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