A common misconception is that assets held in a trust are protected from family law property settlements.
The reality is that trust assets can be taken into account in property settlements as if they were assets of a party.
Whether trust assets form part of a family law property settlement will depend on the facts and circumstances of each case, including but not limited to:
- the nature and acquisition of the trust assets;
- the party or parties who have control of the trust;
- the relationships of the parties involved in the trust; and
- the benefits received from the trust.
Our family law team can assist you with clarifying your position regarding your trust and how they relate to your property settlement.