When a romantic relationship secured by oaths in the marriage has come to an end, not many couples dealing with divorce could meet an agreement peacefully. Many people have considered bringing in preventive measures such as a family trust or a pre-nuptial agreement in hope of simplifying matrimonial proceedings and protecting certain individual assets.

Following and tracing allows property involuntarily taken from the original owner by reason of theft, breach of trust or mistake, to be identified, located, and followed by a proprietary remedy. They are, however, distinct processes per Lord Millett in Foskett v Mckeown.