All Topics / Legal & Accounting / Hybrid dicretionary trusts & family law

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  • Profile photo of FrankicFrankic
    Member
    @frankic
    Join Date: 2005
    Post Count: 7

    I understand that a HYBRID DISCRETIONARY TRUSTS (say with a company trustee) provides good asset protection in a class actions or negligence claims. However what happen in a divorce situation? That is, does any one know how family law see this arrangement? Are ones assets are still protected even though you set a trust up before you gone married?

    Frankic [worried]

    Frankic

    Profile photo of TerrywTerryw
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    @terryw
    Join Date: 2001
    Post Count: 16,213

    The family law court can look behind trusts.

    I guess it would probably look at things like who contributed funds to the trust and the purchase etc. If it was all setup before marriage, than this should be stronger than if setup during. Best to talk to a family law solicitor about this.

    Terryw
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    Profile photo of FrankicFrankic
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    @frankic
    Join Date: 2005
    Post Count: 7

    Thanks Terryw good advice

    Frankic

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