Family Law FAQ's
What type of trusts may be void for interfering with a marriage?
Trusts that are created which disturb the welfare of a marriage will usually be considered as void. However, case law can be seen in some regards as inconsistent in the application of voiding trusts that impede with the sanctity of a marriage or family relations.
Any trusts that require a person to separate from their spouse in order to receive a benefit for example, have for the most part been considered void, due to the fact that it may encourage a beneficiary to initiate an action of divorce from their spouse. However, the High Court in Ramsay v Trustee Executors and Agency Co Ltd arguably took a different approach, and upheld testator’s wish that his son will be entitled to the trust estate if he is no longer married to his spouse – with the Court ruling that this stipulation did not offend public policy.
