A divorcing client
with potential jurisdictional ties to more than one country or state
confronts his or her attorney with some unique preliminary questions.
Which jurisdiction offers the potential for the best outcome for the
client on issues of grounds, child custody, and so forth? A subject
discussed less often is the treatment of trust property.
Divorce courts in New York and around the world are increasing their scrutiny of a divorcing spouse’s trust assets, including assets placed in offshore trusts. A comprehensive analysis of how each country’s courts handle situations like this is, of course, not possible here, but we can look at New York’s stand on the issues. As a matrimonial attorney who frequently practices in England, I can also offer some insights into that country’s take on the subject, which will serve as a window into the world of possibilities out there for the treatment of trust property in foreign divorce courts.
NEW YORK CASES
Divorce courts in New York and around the world are increasing their scrutiny of a divorcing spouse’s trust assets, including assets placed in offshore trusts. A comprehensive analysis of how each country’s courts handle situations like this is, of course, not possible here, but we can look at New York’s stand on the issues. As a matrimonial attorney who frequently practices in England, I can also offer some insights into that country’s take on the subject, which will serve as a window into the world of possibilities out there for the treatment of trust property in foreign divorce courts.
NEW YORK CASES