Offshore trusts are designed to be hard to examine, including when they feature in divorce. That does not stop English Courts doing so.

The typical offshore arrangement nominates a trustee, often managed by a corporate trustee based say in the Channel Islands, or Isle of Man, or Gibraltar. Because the concept of a trust is unique to English and Scottish law and countries that derive their law from England and Scotland, they are not usually based in countries such as Liechtenstein or Andorra. However there other entities may be used e.g. an Anstalt.

Then assets are put into the trust to shelter the income and capital gain from domestic taxes, and potentially, from claims by disaffected spouses. Often the trust can serve a dual purpose.

Often, the true beneficial owner of the assets is hidden by this device. In fact for taxation reasons often the point of the trust is to separate control of the assets from the people who are ultimately meant to benefit.

English law has long experience of examining the reality behind the trust and corporate veil. This does not mean that it rides roughshod over genuine arrangements. It does however often arrive at a pragmatic assessment of an individual’s wealth even when it is offshore.

Henry Brookman has extensive experience in this field, on both sides of the argument. His experience in complex estate planning means he has up to date knowledge of the variety of such situations.

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Financial Settlement Scenarios

The scenarios below do not relate to any individual clients of ours but the facts and the outcomes relate to some similar experiences in our practice.

Scenario Analysis Example #1

The Scenario

Mrs G left the home last year due to her husband's alcoholism. The home is in his name and he refuses to co-operate. He works as a Sales Director and has a large pension accumulated from fifteen years with his employer.

Our Solution

Mrs G petitioned for divorce on the basis of her husband's unreasonable behaviour. At the same time we filed a financial application. When Mr G failed to make financial disclosure we obtained an Order requiring him to do so in 14 days or risk imprisonment for contempt of Court.

It was made clear that if he did not co-operate then the Court would make Orders giving Mrs G her share anyway and if necessary Mrs G would be given power to sell the house and to evict him. Mr G then settled the case.

If you have questions, contact us now, we can help you.

Scenario Analysis Example #2

The Scenario

In 1980 Mr G aged 25 was living with his partner.  When she became pregnant he made a Will making her the executor and leaving everything to her.  They separated 2 years later.  The child is now adult.  He re-partnered and had 1 child but the relationship again ended after 2 years.  He continued paying his ex partner’s rent rather than go through the Child Support Agency.  

He met his third partner in 1994 and they had 3 children.  He died in 2010.  He had never made another Will or revoked the one made in 1980, but he had quite substantial assets by the time of his death.  What rights did his ex- partners and 4 children have?

Our Solution

Briefly, Mr G left a huge mess.  His ex-partners challenged the Will in the Courts.  The dependent children had claims.  Did the adult son, who was independent and 28 years old, have a claim?  What rights did the mothers have where they were left supporting children under 18?

Ultimately a judge had to decide on the balance of fairness between the minor children bearing in mind the available resources.  His first partner and adult child did not receive anything.  The cost of sorting this out used almost half the estate.The moral is, make a Will!

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I have nothing but positive feedback about this firm... Lorraine Imms from Brookman was absolutely brilliant... Her knowledge is exceptional and she has kept me informed through every step... I'd give ten stars if I could!

Jun 2021   Martin Byrne

Myself and my mother had a free video consultation with Mr. Brookman regarding my mother's divorce and were both impressed with his knowledge on divorce matters, professionalism and understanding. Henry then followed up with us with a clear plan of what he suggests we do...

Mar 2021   Bruna Cordeiro Pezzano

I had a consultation with Mr. Brookman and was impressed with his honesty, knowledge and understanding of my situation. He seemed to take a genuine interest in my case, which immediately put me at ease.

Mar 2021   Chichi

Very swift response and concise information. I had a very engaging free consultation with Mr Brookman initially which was informative and professional.

Feb 2021   Garry Ralph

I would like to say my experience with Mr Brookman was an extremely positive experience. His knowledge, advice and compassion put me very much at ease and made a very difficult situation much more bearable.

Feb 2021   Jenny Brock

Very helpful, and honest about my situation even though it wasn’t business for them at this time. Would recommend.

Jan 2021   Natalie Roche

Knowledgable, friendly, considerate, and most importantly easy to contact. Brilliant service.

Dec 2020   John Du

I want to highly commend Brookman Solicitors firm. I had the privilege of getting very thorough and sensible advice from their solicitor Jennifer Douglas. I don't have enough praise for her.

Sep 2020   Yesima Hamid

I had an initial consultation and Henry was well prepared. He gave great advice and followed through quite quickly. He was very helpful.

Jul 2020   Jen Ade

I had a free consultation with Henry Brookman. He was incredibly knowledgeable about my complex situation, gave straightforward advice and empowered me to understand exactly how I need to proceed.

Jun 2020   Rebeca Brown

About The Team

We are a specialist divorce and international divorce family law team, advising clients in the United Kingdom (specifically England and Wales) and throughout the world. We have a very people–orientated approach to working with clients. Henry Brookman has practised law for over 45 years, and our team has a wide range of skills and expertise. We are recommended by the Legal 500 and have been awarded the Law Society’s quality mark, Lexcel.

Partner

Henry Brookman

With over 45 years' experience, Henry Brookman is the senior member of the team. He is described by The Legal 500 as ‘shrewd, savvy, sagacious and highly experienced’.

Partner

Talitha Brookman

Talitha is a Partner in the firm and a very experienced practitioner. She has been exclusively practising family law for over 15 years and is a recognised expert in her field.

Partner

Philip Morton

Recommended by The Legal 500, Philip is an expert in all areas of family law, including domestic and international financial disputes, fraud and commercial dispute resolution.

Partner

Natasha Slabas

Expert in all areas of family law, often involving cases that have an international element, including work in relation to financial settlements following divorce.

Partner

Aziz Malik

Aziz is a Partner at the firm and is highly regarded for his expertise on financial matters in divorce and has been recommended by the Legal 500.

Senior Associate

Kirsty Kelleher

Kirsty is a specialist family law solicitor recommended by The Legal 500. An expert in divorce, financial matters, child-related disputes and contentious probate cases.

Senior Associate

Kevin Danagher

Kevin specialises exclusively in family law, advising on all aspects of relationship breakdown, divorce, same sex marriage, marital agreements, and international family cases.

Associate

Jennifer Douglas

Jennifer is a talented solicitor, experienced in all elements of family law, including high net worth financial proceedings, Children Act proceedings and financial claims.

Associate

Gavin Yeung

Gavin has excellent experience in family law including divorce and financial proceedings and international child abduction proceedings involving Hague Convention countries.

Associate

Pippa Marshall

Pippa’s experience covers all areas of family law including divorce, financial remedies, same sex relationships, pre- and post-nuptial agreements and cohabitee property disputes.

Chartered Legal Executive

Lorraine Imms

With over 20 years' family law experience, Lorraine can advise on divorce, matrimonial finances, cohabitee disputes, nuptial agreements and private children matters.

Office Manager

Lorna Martin

Lorna is our Office Manager who oversees the operations of the firm including providing accounts support as well as secretarial support to the team.

Accounts Manager

Evdokia Dikova

Eva is an AAT qualified accounts manager and holds full AAT membership (MAAT). She gained her degree in financial accounting from the University of Economics in Bulgaria.

Secretary

Victoria Delatouche

Victoria is a highly experienced Legal Secretary and a long-standing member of the team. She provides secretarial support for the office.

Secretary

Michelle Louison

Michelle provides secretarial support to Henry Brookman. A very experienced family law secretary, Michelle has worked in law for over 12 years.

Front of House Manager

Patricia Antonio

Patricia is an experienced secretary and office administrator, handling the calls that come into the office, greeting clients, and managing office presentation.

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