News

13 September 2016

Protecting assets – can you trust in your trust?

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.

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