An important factor which the court considered was the fact that the parties were
married in community of property. The general rule the court applied on divorce was
that each party entitled to half the joint estate.
If the parties were married out of community of property the court may have had a
wider discretion, and the husband’s management of the trust may have been relevant,
for the distribution of the estate.
Conclusion
It is imperative that parties obtain the necessary legal advice on whether to be married
in community of property or out of community of property. The antenuptial contract
with accrual may have been a more suitable option available to the wife in the above
scenario. Ensure that your antenuptial agreement correctly reflects and records your
respective rights to all assets (includes interest in trusts or companies) in the event of
divorce.