Over the years, monied spouses who do not have the protection of a marriage contract have tried numerous strategies to evade the long arm of family law legislation, with varying degrees of success.
One approach has been to create a trust to hold property, then argue that properties owned by a trust should not form part of the property to be equalized with their spouse on separation.
In some cases, the wealthier spouse (or his or her family), has transferred assets into a trust, arguing that the assets in the trust were out of reach from the other spouse on separation.
This article was originally published in the National Post. To read the full article, please click here.