Trusts are common in England and Wales as well as all countries world-wide that derive their law from England and Wales. Divorce settlements frequently involve them.

It is said that trusts began at the time of the crusades. Landowners departing from England would entrust their property to a custodian for the benefit of their family. Detailed laws arose setting out the obligations of the custodian – the “trustee,” that is, the person in whose trust you placed the property.

Over the centuries it was used as a means of ensuring that an estate could not be frittered away by irresponsible descendants, and in more modern times it became a valuable device to avoid repeated inheritance tax imposts landing on each successive generation, and often to shelter income from tax.

The English divorce courts look at the underlying reality as well as carefully studying the documentation. For example if the reality is that the trust does hold family wealth perhaps stretching back for half a century or more, that may lead a Court to decide that on-going maintenance orders are a better solution that trying to force a termination of the trust. In other cases though (see the case of Prest v. Petrodel as a modern example) the trust is just used as the founder’s piggy bank and the Courts can be robust in their approach.

Brookman have long experience of trusts both in establishing them in the course of estate planning and dealing with them in divorce settlements.

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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 was very impressed with the initial free Teams consultation I had with Josh. He was entirely focused on my particular circumstances and gave me information in a friendly and professional manner. Our conversation was concisely followed up in writing.

Jun 2025   Susan Junod

I recently had the pleasure of speaking with Josh for a free consultation, and I couldn't be more impressed with the service I received. From the start, it was evident that Josh genuinely cared about my situation. The consultation was thorough and far exceeded my expectations in terms of length and depth.

May 2025   Yan

Jo was very friendly, empathetic and understanding. We managed to cover a lot of ground in 30mins, ensuring that I understood all of my options, the different approaches and indicative costs. Really appreciated the time and valuable insights, thank you.

Apr 2025   Sarah P

Can't rate highly enough - both professional yet personal. Superb attention to detail with understanding of the bigger picture. Excellent response and follow up.

Feb 2025   Emma Baker

In my initial call, Josh McPherson helped me understand the legal framework for separation and divorce in a really friendly, helpful way. I feel much more confident that I'm entering this process with the information I need.

Dec 2024   Polly Shields

Natasha from the law firm was amazing! She took the time to thoroughly explain everything to me in simple, easy-to-understand terms. I felt confident and informed throughout the process thanks to her patience and clear communication. Highly recommend her for anyone needing legal advice!

Oct 2024   Kc Cico

I had a consultation with Natasha and I’m extremely pleased with her advice and suggestions. She truly understands the complexities involved in international divorce, listened carefully to my concerns, and clearly explained the entire process. Natasha also provided valuable advice on my next steps and how to prioritize my actions.

Aug 2024   Dave

During my consultation Henry Bookman explained things so calmly and clearly, setting my anxiety about my divorce at ease. His advice was very very helpful. I feel a weight has been lifted.

Aug 2024   Janine Evans

Henry listened carefully to my circumstances, offered practical solutions, and explained the steps I need to take in a way that was easy to understand. His approach was genuinely helpful and empathetic, making a challenging time much easier to navigate.

Jul 2024   Tracy Henin

They were quick to respond and organise a consultation regarding my divorce proceedings. Henry was very knowledable and personable and the advice given really gave me the clarity I needed in an uncertain situation.

Jul 2024   Rebecca Lowe

My initial free consultation with Natasha Slabas was just over an hour and very informative. Natasha helped me understand the situation and the next steps involved. I would definitely proceed with Josh McPherson Solicitors in the future if required. They were very quick to book the initial consultation and very professional.

Jul 2024   Rajan Marwaha

Had an initial free talk with them. I was impressed with their honesty and understanding of the situation.

Jun 2024   Dianne Wilkins

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 Joshhas 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

Josh McPherson

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

Partner

Henry Brookman

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

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

Mark Rennie

Mark is the Group Head of the Horsham Family Law team. He specialises in all areas of matrimonial law, including complex divorce and financial disputes, and is recommended by The Legal 500.

Partner

Nigel Winter

A highly experienced solicitor, Nigel has expertise in collaborative law, divorce, contested litigation, relationship agreements, and children matters. Nigel is recommended by The Legal 500.

Partner

Samantha Jago

Partner at our Guildford office and recommended by The Legal 500, Samantha has specialist expertise in divorce, children matters, complex international cases, and is a trained mediator.

Partner

Alicia Cenizo

Alicia is a Partner in the family team and advises on all elements of family law, particularly private children work, including matters with an international element such as relocation.

Partner

Joanna Potbury

Family law specialist based in Brighton advising on divorce, cohabitation agreements, children, post-nuptial agreements, and domestic violence. Joanna is recommended by The Legal 500.

Partner

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.

Partner

Gemma Garrett

Based in Horsham, Gemma is a specialist advising on all areas of family law including divorce and separation (often involving jurisdiction issues), complex financial matters, and children matters.

Partner

Rachel Osgood

Rachel specialises in financial claims on divorce and separation with a particular emphasis on high value cases and those involving inheritances, family businesses and claims by adult children.

Partner

Ella Welsby

Known for her sensitivity and discretion combined with significant expertise, Ella advises on all family issues including high-value and multi-jurisdiction divorce and complex financial and children matters.

Senior Associate

Lauren Blythe

Lauren is a highly regarded specialist family law solicitor, based at our Guildford office. She advises on divorce, family finances, children matters, domestic abuse, cohabitee issues, and relationship agreements.

Senior Associate

Amber Matheson

Based at the Guildford office, Amber has experience dealing with family matters including divorce, finances, separation after cohabitation, arrangements for children and leave to remove cases.

Senior Solicitor

Susan Hayes

Susan qualified as a solicitor in 1992 and is based at our Brighton office. She is a longstanding member of the Law Society Specialist Children Panel and Family Law Panel. Susan is also a trained Collaborative Lawyer.

Associate

Rachael Au

Rachael is a highly capable member of the family team in Brighton. She specialises in family law, advising on divorce, civil partnerships, financial matters, and children issues.

Associate

Alice Barrett

Alice advises and supports clients on a range of family law matters including divorce, separation, financial remedy, private children matters and emergency applications.

Associate

Amelia Groom

Amelia has experience across a full range of family matters, including divorce, complex disputes regarding finances that range from trusts through to cryptocurrencies, and arrangements for children.

Associate

Natalie Higham

Natalie is a Family Legal Executive who advises individuals on divorce, separation, financial remedies available to them on the breakdown of their relationship, and children matters.

Associate

Katie O'Kelly

Katie advises on a wide range of family law matters including co-habitation, divorce and separation, financial remedies, and private children law matters.

Paralegal

Michelle Davies

Part of the Family Law team, Michelle supports on a variety of cases involving divorce, finances, children matters and day to day enquiries.

Paralegal

Zahra Bandar

As a paralegal in the Family team, Zahra assists with a wide variety of matters, including divorce, matrimonial mediation, pre-nuptial agreements and Children Act matters.

Paralegal

Isabelle Basson

Isabelle is responsible for following up day-to-day enquiries, administrative case management and generally supporting the Family team fee-earners.

Paralegal

Amelia Mahraj

Amelia is responsible, in her current role, for dealing with day-to day enquiries, administrative duties and supporting fee earners.

Paralegal

Aimee Atalay

Aimee provides dedicated support to the Family and Contentious Probate teams across a diverse range of matters. Aimee studied Law and Criminology at the University of Kent.

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.

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