Talking Family Law – the Resolution Podcast

Listen to Resolution’s podcast, with guest experts discussing topical issues in Family Law, with our hosts Simon Blain and Anita Mehta.

We have now recorded over 40 episodes. Each episode is a deep dive into a particular aspect of family law. We cover general training as well as topical issues across the full spectrum of family law, from financial remedy and intervenors to abduction, private, and public law.

In each episode, we ask our guests to explain what the law is at the date of recording. This includes the leading authority or relevant statute, practical tips, and thoughts for reform. Expect lively debate and personal insights. We encourage our guests to take part in open discussion as a way of providing legal commentary, on the understanding that no one is held to the views expressed on the podcast. Next week, they may argue the opposite on behalf of their clients.

We hope the podcast gives you a sense of what Resolution is all about, and that you consider joining us if you like what you hear. More importantly, this is our way of giving back to the family law community. Whoever you are, and wherever you’re based, this podcast gives you access to insights from the country’s leading experts. There is no need to pay a fee or travel to hear them speak. Instead, you can simply download the episode and listen on your way to work.

All we ask in return is that you share this link to the podcast with a friend or colleague who might be interested.

We were thrilled to be shortlisted for the Family Law Commentator of the Year award at the 2023 LexisNexis Awards. We were even more thrilled to win it in 2024!

Hosts Simon Blain and Anita Mehta with Resolution staff at the LexisNexis Awards 2023

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DISCLAIMER:  Nothing in any of the episodes is supposed to constitute legal advice.  We invite our guests to express personal views by way of legal commentary, this may differ from how they put their client’s case.

No liability is accepted for any error or omission about the law in respect of a particular topic.

S5 Episode 2: Trusts and Divorce

About this episode

Hosted by: Simon Blain

Guests: Abby Buckland, Emma Hargreaves and Louise Woolrich

Further information

In this episode, Simon takes advantage of Anita’s absence to indulge his favourite topic: trusts and divorce.

Simon is joined by three leading experts in the field:

Emma Hargreaves  is a barrister at Serle Court chambers, specialising in contentious trust litigation.

Abby Buckland is a partner in the family team at Kingsley Napley and was part of the team who were successful in an argument that a trust was a sham in Michael v Michael.

Louise Woolrich is a partner at Carey Olsen in Jersey, specialising in trust litigation.

We start by going back to basics and exploring what is a trust, and by getting to know the cast of characters who appear in any case involving trusts: the settlor, the trustee, the beneficiary and the protector. We answer the question “what is an offshore trust, and should we always be suspicious of them?”.

We then travel through the various stages of a case involving trusts from disclosure to enforcement. We consider trusts as resources and nuptial settlements and discuss whether trustees should be joined to proceedings and, if they are, whether they should submit to the jurisdiction. We discuss how trustees can be involved in without prejudice negotiations and FDRs in order to try and bring about settlement. Finally, we look at how to get orders enforced, in England and offshore.

We look at each aspect from the perspective of the beneficiary spouse, the non-beneficiary spouse and the trustee. Practical tips from our speakers at every stage, whoever you are advising.

Abby refers to a number of key English law cases on nuptial settlements and sham:

Louise refers to key offshore decisions:

Disclosure of trust information

  • Article 29 of the Trusts (Jersey) Law 1984
  • Re Rabaiotti 2000 JLR 173
  • Re H Trust 2006 JLR 280

Submission to the jurisdiction

  • Re H Trust 2006 JLR 280
  • In the Matter of the Poon Family Trust [2011] JRC 167, [2014] JRC 254A and [2015] JCA 109

Enforcement

  • Article 9 of the Trusts (Jersey) Law – the “firewall provision”
  • In the Matter of the X Trust 2002 JLR 377
  • In the Matter of the IMK Family Trust 2008 JLR 250 and 2008 JLR 430
  • In the Matter of the PQ Employer Financed Retirement Benefit Plan [2019] GRC 013

Emma refers to the following cases and legislative provisions:

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