Abstract

Foreign trusts are sometimes involved in Swiss divorce proceedings, which raises questions not yet determined by case law. In this article, the authors deal with the validity of transfers of marital property to trusts and possible attacks against foreign trusts based on Swiss matrimonial property law. They will also discuss how trust assets and distributions from a trust to a spouse are qualified in the context of Swiss divorce proceedings, both for Swiss matrimonial property regime purposes and with regard to post-divorce maintenance payments.

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