Can you get divorced in England & Wales if you married abroad? Key legal considerations explained

We outline how an overseas marriage is treated under English and Welsh law for anyone considering divorce.
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With significant changes to Inheritance Tax (IHT) on the horizon, many families are reassessing how best to protect their wealth and plan for the future. One tool consistently stands out for its flexibility, protection and long‑term effectiveness: the trust.
Whether created during your lifetime or through your Will, a trust can help you to manage assets, support beneficiaries and preserve family wealth in a structured, strategic way.
Here, Rachel Roberts from our Brabners Personal team explores six key reasons why trusts play such a central role in building a resilient and effective estate plan.
One of the primary goals of estate planning is to reduce conflict and ambiguity.
A carefully designed trust:
By establishing a trust, you create certainty and stability that can help to preserve family relationships.
A trust is one of the most versatile and protective mechanisms available in modern estate planning. It allows you to safeguard assets and ensure that they’re used in line with long‑term goals.
A trust can:
Trusts are especially valuable when beneficiaries are young, inexperienced or require ongoing support, providing structure and protection within a legally robust framework.
Many people worry about what’ll happen to their assets after their death or if they lose capacity. Trusts offer a way to maintain control over how wealth is managed long into the future by allowing you to establish rules, limits and guiding principles that must be followed.
This level of predetermined influence is a key reason trusts are widely used in estate planning.
Estate planning isn’t just about distributing wealth — it’s about preserving it for future generations.
A trust can:
By placing assets in a trust, you help to create continuity and long‑term support for those who come after you.
Trusts give trustees and beneficiaries a clear structure to follow, making day‑to‑day management more straightforward. They set out who is responsible for what, when decisions need to be made, and how funds should be handled, reducing the administrative burden on families.
Gifting assets to a trust during your lifetime can reduce IHT liability by removing those assets — and any future growth on them — from your estate, typically after seven years have elapsed. This approach allows you to use your £325,000 nil‑rate band allowance to reduce the size of your estate every seven years while also retaining control over how and when beneficiaries receive funds. It also helps to protect assets from risks like divorce or bankruptcy.
Trusts can also prevent repeated taxation between generations and keep life insurance payouts outside the estate. However, some trusts may incur lifetime charges and periodic ten‑year or exit charges, so careful planning is essential.
Trusts can be complex to create and manage. Without the right guidance, they can lead to mistakes, uncertainty and frustrated beneficiaries. We specialise in navigating these issues — drafting tailored documentation, advising trustees and beneficiaries and ensuring that trusts operate smoothly and effectively.
Our nationally recognised private client team provides strategic, pragmatic advice on all aspects of trust creation, management and review, helping you to protect and manage your wealth now and for the future.
We can support you with:
Talk to us by giving us a call on 0333 004 4488, sending us an email at privateclient@brabners.com or completing our contact form below.
If you’re looking for the very best in personal legal advice, discover Brabners Personal — our solution that provides you with easy access to a wealth of trusted experts who can help you to plan and protect your future.

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