Utilising trusts in Swiss divorces?

Abstract

What do trusts and divorces have in common? They are expensive. One might thus wonder why the two should be combined. Admittedly, establishing a trust is not a realistic option for most divorcing couples. For some (wealthy) spouses, however, a trust could provide a number of economic and other benefits worth considering. This article points out the benefits of using a trust in the context of a Swiss divorce and sets out the framework for its permissibility. For this, we assess the potential and constraints of Swiss marital and divorce agreements as well as the scope of review exercised by Swiss divorce courts.