Sham

Smoke and Mirrors: Shams and Illusory Trusts in Divorce Proceedings

Smoke and Mirrors: Shams and Illusory Trusts in Divorce Proceedings

The existence of so-called ‘sham’ or ‘illusory’ trusts in divorce proceedings often leads to complex and intellectually engaging work for family and chancery lawyers. Identifying such trusts can significantly impact the value of the matrimonial pot and the eventual financial distribution. Remedies are typically pursued through interim applications under s

Sham, Adverse Inferences and the Burden of Proof: Awolowo [2025] EWCA Civ 641

Sham, Adverse Inferences and the Burden of Proof: Awolowo [2025] EWCA Civ 641

It’s often the financial remedy cases involving non-family barristers or judges which are the most interesting. There’s something about an outsider’s perspective which can illuminate legal principle and remind us that, per Mostyn J, ‘the Family Courts are not a desert island’. Lord Sumption put it best