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Clifford Chance

Clifford Chance


Divorcing spouses - trustees between a rock and a hard place - 10 December 2013

10 December 2013

Even though the festive season approaches, high profile divorces continue to dominate the media and the English courts.  This briefing explains the difficult balancing act which trustees find themselves having to make when caught up in English divorce proceedings.  When the trustees are not certain how to navigate safely between the rock and hard place ahead, they have traditionally sought guidance from their own courts, seeing this as a safe harbour.  Tchenguiz-Imerman v Imerman [2013] EWHC 3627 (Fam) shows that even this can lead to difficult waters.  A divorce court will not necessarily follow the wishes of the trustees' home court.

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