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ARTICLE · 14 OCTOBER 2021

Offshore: What Is Appropriate?

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Offshore courts have considerable experience in giving directions to trustees faced with a joinder order issued by a foreign family court seeking to exercise its variation jurisdiction...

Cayman IslandsFamily and Matrimonial

Robert Lindley and Wesley O'Brien discuss cases where offshore courts act as auxiliaries to those onshore

Generally, for a foreign judgment to be capable of enforcement in an offshore common law jurisdiction such as Cayman or Jersey, it must be final and conclusive, for the payment of a sum of money and made by a superior court.

Offshore courts have considerable experience in giving directions to trustees faced with a joinder order issued by a foreign family court seeking to exercise its variation jurisdiction in respect of a trust governed by the law of the offshore jurisdiction. Subject to the specific facts and circumstances, various responses may be made by trustees in respect of such joinder applications, including the resulting directions made by offshore courts when dealing with foreign divorce proceedings affecting or indeed attacking an offshore law governed trust.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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