Enforcing English matrimonial orders against Jersey trusts

29 January 2013

The enforcement of English matrimonial orders against Jersey trusts has undergone huge change in recent times, including the latest changes made by the Trusts (Amendment No.5) (Jersey) Law 2012.

Increasingly robust ‘firewall’ legislation introduced in Jersey has transformed the legal landscape in this area, particularly the extent to which the integrity of Jersey trusts can be interfered with by the English ancillary relief regime.

The new legal landscape fundamentally changes how English lawyers and the Family Division will approach the making of orders against Jersey trusts in order to satisfy financial awards made on divorce.

Now more than ever English matrimonial lawyers must consider collaborating with their Jersey counterparts at an early stage in ancillary relief proceedings to ensure potential enforcement issues are properly managed and dealt with effectively.

This briefing summarises the key points which must now be considered when it comes to enforcing English matrimonial orders against Jersey trusts.

To read our briefing, please click here.