Prior to meeting his wife, the husband set up a discretionary family trust which held $650K worth of assets. Both the husband and his father were directors of the corporate trustee of the discretionary family trust, and the husband was the primary beneficiary of the trust.
While settling their divorce, the husband sought control of the trust, arguing that it should not be considered in the assets being divided between himself and our client.
We submitted that although the husband did not have legal control, he had effective control. The husband always regarded the trust assets as his, and he had utilised the assets for his own benefit over the years.
On this basis, we argued that the husband had real control of the assets and therefore they should be included in the asset pool, based on research of previous case law by our team.
We were effective in leveraging a satisfactory settlement for our client prior to a final court hearing before a Judge.
The JPLegal team kept our clients best interests as our top priority while providing expert advice and guidance. Our dedication to our client resulted in a great amount of relief and peace of mind during a challenging time.