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PRODID:-//Session events Calendar//IBA//EN
CALSCALE:GREGORIAN
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DTSTAMP:20260407T124119Z
DTSTART:20221031T133000Z
DTEND:20221031T144500Z
SUMMARY:The need for pre- and post-nuptial agreements (PNAs): can you tru
 st trusts in international divorce cases? 
DESCRIPTION:It is now firmly established in some jurisdictions that asset
 s held in a discretionary trust are at risk of being treated by the cour
 t as a potential financial resource in divorce proceedings if either or 
 both of the parties are beneficiaries of the trust. The vulnerabilities 
 of trusts on divorce are sometimes misunderstood. This session will look
  at those vulnerabilities\, and we will deal with a common misconception
  that trusts are only relevant to common law jurisdictions. On this issu
 e we will look at situations where common law trusts have civil law juri
 sdiction foundations appointed as trustees\, where criminal offences can
  be committed by the trustees if trust disclosure is provided\, causing 
 in turn major conflict ramifications for settlors and/or beneficiaries g
 oing through divorce in the more generous common law jurisdictions in th
 e world (generous for the financially weaker party\, that is). We will a
 lso look at the most effective way to handle litigation when trusts are 
 being attacked in the divorce courts - including whether trustees should
  submit to the jurisdiction of the divorce court. What happens if the tr
 ustee is joined into the divorce proceedings?\n\nWe will look at PNAs fr
 om an international perspective and particularly why responsible trust s
 tructuring in tandem with PNA structuring may be the best approach to ad
 opt. When should you enter into a PNA? What are the pitfalls? What do yo
 u have to watch out for? Do they work? We will be reviewing some key int
 ernational PNA cases of significance. We will be looking at how PNAs can
  sometimes help relationships. Conversely we will deal with circumstance
 s when they should be avoided: a ‘shot gun’ PNA for instance\, or negoti
 ation of a PNA where one party is clandestinely sabotaging its effective
 ness\, because often millions or billions are at stake. We will be looki
 ng at the situation where there is fraud\, misrepresentation or undue pr
 essure\, and what evidence is relevant: PNA ‘amnesia’ is not an infreque
 nt occurrence\, where\, after the divorce petition has been filed\, the 
 financially weaker party asserts that he/she can remember very little ab
 out any legal advice they received\, and the circumstances surrounding\,
  and the events leading up to\, the signing of the PNA. Sometimes\, the 
 amnesia is genuine\, sometimes not. Does it matter? In the family court\
 , the judge may want to know every piece of that evidence.\n
LOCATION:Room 237\, Level 2
UID:67089129-e715-4288-9b51-6507b9f5d242
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