May 2023

Introduction: Family Asset Protection Law Over Borders Comparative Guide 2023

It‘s 31 years since I co-compiled one of the world‘s first international family law guides — ‘A Guide to Family Law in Europe’ — as a member of the International Committee of what was then called the Solicitors’ Family Law Association, now known as Resolution. The guide came with a foreword from the then President of the Family Division of England and Wales, Sir Stephen Brown. A few months ago I was pleased to see from the video shown at a law conference a copy of that guide perched on a shelf behind one of Sir Stephen’s successors, Sir Andrew McFarlane, in his chambers at court. 

Since the publication of that guide, a number of other excellent and well-respected international guides have been produced, extending the coverage to worldwide jurisdictions, but again on a very broad range of family law matters. However, I have been struck by the gap in the market for a guide specifically focussed on family asset protection issues in a divorce context – especially on trusts and pre- and postnuptial agreement issues, as these are the areas in which wealthy individuals and families need particular help and guidance on. I have also noticed a need to include coverage on media and transparency issues, including on whether the press can gain access to and/or report on what parties have hitherto usually assumed would be kept private and well away from the often critical gaze of the media. This guide is intended to fill that gap.

This guide is not intended to be a comprehensive statement of the law. The chapters have also been written with a view to their being read by clients and non-lawyers before legal advice is obtained.

Marcus Dearle
Co-Editor and Contributor

 

I am delighted to have worked with Marcus Dearle on this new book and also to write the Liechtenstein and Austria chapters with Bernhard Motal. This is increasingly an important area of international law.

Johannes Gasser 
Co-Editor and Contributor

Contributing Firm


EXPERT ANALYSIS

Chapters

Austria

Bernhard Motal
Johannes Gasser

Bermuda

Craig MacIntyre
Jonathan Casey

England and Wales

Marcus Dearle
Rahanna Choudhury

France

Charlotte Butruille-Cardew

Hong Kong

Marcus Dearle

Italy

Giovanni Cristofaro
Raul-Angelo Papotti

Jersey

James Sheedy
Simon Thomas

Liechtenstein

Bernhard Motal
Johannes Gasser

New Zealand

Anita Chan KC
Richard Reeve

Scotland

Gillian Crandles
Zaynab Al Nasser

South Africa

Zenobia du Toit

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