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Trusts often play a central role in high-value divorces. They can provide legitimate asset protection or form part of a family’s long-term wealth planning. However, they may also become contentious when one party alleges that trust assets should be included in the marital pot.
At The Divorce Lawyers, we have substantial experience in analysing, challenging, and defending trust arrangements in divorce proceedings.
Understanding Trusts in Divorce
The court will consider whether a trust:
- Is a genuine, independent structure
- Is a resource available to one party
- Was created to shield assets from financial claims
The court can, in certain circumstances, make orders that effectively account for trust assets if they are deemed a financial resource of one party.
Our Expertise
We work closely with trust specialists and financial advisers to:
- Analyse complex domestic and offshore trusts
- Determine beneficial ownership
- Assess disclosure obligations and transparency
- Advise trustees or beneficiaries involved in proceedings
Why Clients Choose Us
- Expertise in UK and offshore trust law
- Strategic, evidence-based advice for complex structures
- Skilled in defending or challenging trust inclusion claims
- Discreet handling of sensitive family wealth issues
Next Steps
If your divorce involves business assets, overseas property, or trust structures, speak to The Divorce Lawyers. Our specialist solicitors will safeguard your interests with clarity, strategy, and discretion.
Frequently Asked Questions
We understand that going through a divorce can be overwhelming and filled with uncertainty. To help ease your concerns, we've answered some of the most common questions our clients ask. If you have a specific query, feel free to reach out to our team for personalized advice.
How long does the divorce process take in the UK?
On average, an uncontested divorce in the UK takes between 4 to 6 months. However, the timeline may vary depending on court processing times and how quickly both parties respond to necessary documents.
Do I need to go to court for a divorce?
In most uncontested cases, attending court is not required. The divorce process can be handled entirely on paper unless there are disputes over finances or children, in which case a court appearance may be necessary.
How is child custody decided?
Child custody decisions are made with the child’s best interests as the priority. Courts consider factors like the child’s needs, each parent’s ability to provide care, and existing relationships before issuing custody or contact orders.
How are assets divided during a divorce?
Assets are typically divided based on fairness, not equality. The court considers factors such as income, property, financial needs, and contributions made by each party when determining a financial settlement.