The way different types of trust are treated on divorce varies significantly, so it's essential to get expert advice whether you're involved as one of the divorcing couple, a trustee or a beneficiary.
Family trusts are usually established to pass wealth down the generations and/or to save tax. There are many different types of trust and how they are dealt with on divorce can vary greatly. To add to the complexity, there are often competing interests relating to trusts that can affect not only the divorcing couple but the wider family including future generations. All these factors need to be taken into consideration.
The orders a court can make on a divorce will depend on the nature of the particular trust. If you or your partner is a beneficiary, or potential beneficiary, the trust interest will need to be disclosed, even if there's an argument that its value shouldn't be shared in the same way as other assets. Often beneficiaries run into difficulties with the trustees of the trust about their entitlement to information and documentation.
