Case law demonstrates the need for absolute clarity from the
outset, the nuanced nature of cases involving trust assets and the
enhanced duties of the lawyers involved to give judges proper
guidance so as to avoid unsafe decisions.
It has always been a difficult task for the courts to meet the
needs of a divorcing couple where the dynamics are changing so
significantly. Resources are often stretched thinly in meeting the
needs of both husband and wife, especially where children are
involved. While one 'pot' might have covered the needs of
one family, that same 'pot' will often struggle to meet the
needs of two separate family units. An inescapable reality of the
Covid-19 pandemic has been even greater financial pressures on
families and, for those couples divorcing, this will result in
fewer assets being available. While we tentatively look forward
with optimism, one of the issues that the judiciary will
undoubtedly face for some time is an increase in cases before
